Bare Act Search Results

Indian Evidence Act 1872 Section 65

Title: Cases in Which Secondary Evidence Relating to Documents May Be Given

State: Central

Year: 1872

.....within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in1[India] to be given in evidence2; (g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents. ________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. Cf. the Bankers' Books Evidence Act, 1891 (18 of 1891), section 4.

Indian Evidence Act 1872 Section 105

Title: Burden of Proving That Case of Accused Comes Within Exceptions

State: Central

Year: 1872

When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control; The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860), provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.

Indian Evidence Act 1872 Section 32

Title: Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant

State: Central

Year: 1872

.....procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document.....

Punjab Laws Act, 1872 Section 5

Title: Decisions in Certain Cases to Be According to Native Law

State: Central

Year: 1872

In questions regarding succession, special property of females, betrothal, marriage, divorce, dower. adoption, guardianship, minority, can bastardy, family relations, wills, legacies, gifts, partitions, or any ac religious usage or institution, the rule of decision shall be- (a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and (Civil Judicature. Descent of jaghirs. Pre-emption. Decrees cerning land. Insolvency. Minors and the Court of Wards): has not been by this or any other enactment altered abolished. and has not been declared to be void by competent authority; (b) the Muhammadan law, in cases where the parties Muhammadans, and the Hindu law, in cases where parties are Hindus, except in so far as such law has be altered or abolished by legislative enactment, or opposed to the provisions of this Act, or has been modified by any such custom as is above referred to.]

Indian Evidence Act 1872 Section 23

Title: Admissions in Civil Cases, when Relevant

State: Central

Year: 1872

In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126.

Indian Evidence Act 1872 Section 52

Title: In Civil Cases Character to Prove Conduct Imputed, Irrelevant

State: Central

Year: 1872

In civil cases, the fad that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

Indian Evidence Act 1872 Section 150

Title: Procedure of Court in Case of Question Being Asked Without Reasonable Grounds

State: Central

Year: 1872

If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is the subject in the exercise of his profession.

Punjab Laws Act, 1872 Section 6

Title: Decisions Cases Not Specially Provided for

State: Central

Year: 1872

In cases not otherwise specially provided for, the Judges so decide according to justice. equity and good conscience.

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Christian Marriage Act, 1872 Complete Act

State: Central

Year: 1872

.....Marriages' means 'the Registrar-General of Births, Deaths and Marriages appointed under the Mysore Registrar-General of Births, Deaths and Marriages Act, 1956', "-Mysore Act 20 of 1956, S. 1- [29-10-1956] r/w Act 31 of 1973, S. 5 [1-11-1973]. PART 1: THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED: SECTION 4: Marriages to be solemnized according to Act: Every marriage between persons, one or Marriages both of whom is [or are] a Christian or .Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void. SECTION 5: Persons by whom marriages may be solemnized: Marriages may be solemnized in [India]- (1) by any person who has received episcopal ordination; provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; (2) by any Clergyman of the Church of Scotland, provided that such marriage besolemnized according to the rules, rites, ceremonies and customs of the Church of Scotland; (3) by any Minister of Religion licensed under this Act to solemnize marriages; .....