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Start Free TrialIndian Contract Act, 1872 Section 2
Title: Interpretation Clause
State: Central
Year: 1872
.....abstain from doing, something, such act or abstinence or promise is called a consideration for the promise; (e) Every promise and every set of promises, forming the consideration for each other, is an agreement; (f) Promises which form the consideration or part of the consideration for each other are called reciprocal promises; (g) An agreement not enforceable by law is said to be void; (h) An agreement enforceable by law is a contract; (i) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is a voidable contract; (j) A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 10
Title: Of the Examination of Witnesses
State: Central
Year: 1872
.....by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Section 140 - Witnesses to character Witnesses to character may be cross-examined and re-examined. Section 141 - Leading questions Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question. Section 142 - When they must not be asked Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Section 143 - When they may be asked Leading questions may be asked in cross-examination. Section 144 - Evidence as to matters in writing Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 5
Title: Of Documentary Evidence
State: Central
Year: 1872
.....may be, of the Crown Representative]; (2) The proceedings of the Legislatures,-- by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed3[by order of the Government concerned]; (3) Proclamations, orders or regulations issued by4[Her Majesty] or by the Privy Council, or by any department of4[Her Majesty's] Government,- by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's printer; (4) the acts of the Executive or the proceedings of the Legislature of a foreign country,-- by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5[Central Act]; (5) The proceedings of a municipal body in6[a State], by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (6) Public documents of any other class in a foreign country,-- by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 62
Title: Primary Evidence
State: Central
Year: 1872
Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.Where a document is executed in several parts, each part is primary evidence of the document: Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original. Illustration A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 78
Title: Proof of Other Official Documents
State: Central
Year: 1872
.....may be, of the Crown Representative]; (2) The proceedings of the Legislatures,-- by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed3[by order of the Government concerned]; (3) Proclamations, orders or regulations issued by4[Her Majesty] or by the Privy Council, or by any department of4[Her Majesty's] Government,- by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's printer; (4) the acts of the Executive or the proceedings of the Legislature of a foreign country,-- by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5[Central Act]; (5) The proceedings of a municipal body in6[a State], by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (6) Public documents of any other class in a foreign country,-- by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 85B
Title: Presumption as to Electronic Records and Electronic Signatures
State: Central
Year: 1872
(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that (a) the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure 1[electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any digital signature. _____________________ 1. Substituted vide IT Amendment Act, 2008 prior text was ""digital signature"
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 86
Title: Presumption as to Certified Copies of Foreign Judicial Records
State: Central
Year: 1872
.....12 [Central Government] 13 [in and for the country] comprising that territory or place] . ____________________________ 1. Substituted by A.O. 1950, for "any country not forming part". 2. The words "a Part B State or of" omitted by Act 3 of 1951, section 3 and Schedule. 3. The words "Her Majesty or of" omitted by the A.O. 1950. 4. Substituted by A.O. 1937, for "Government of India". 5. Substituted by Act 3 of 1891, section 8, for "resident in". 6. Substituted by Act 3 of 1951, section 3 and Schedule, for "such Part B State or country". 7. Substituted by Act 3 of 1951, section 3 and Schedule, for "that State or country". 8. Substituted by Act 5 of 1899, section 4, for the para added by Act 3 of 1891, section 3. 9. The words " a part B State or" which were Inserted by the A.O. 1950, omitted by Act 3 of 1951, section 3 and Schedule. 10. Inserted by the A.O. 1950. 11. Substituted by Act A.O. 1950, for "Clause (40)". 12. Substituted by the A.O. 1937, for "Government of India". 13. Substituted by Act 3 of 1951, section 3 and Schedule II (w.e.f. 17-10-2000).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 6
Title: Of the Exclusion of Oral or Documentary Evidence
State: Central
Year: 1872
.....is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. _________________________ 1. Where, however, a criminal court finds that a confession or other statements or an accused person has not been recorded in the manner prescribed, evidence may be taken that the recorded statement was duly made see the Code or Criminal Procedure, 1973 (Act 2 of 1974), section, 463. 2. Substituted by Act 18 of 1872, section 7, for "under the Indian Succession Act". 3. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". Section 92 - Exclusion of evidence of oral agreement When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 98
Title: Evidence as to Meaning of Illegible Characters, Etc
State: Central
Year: 1872
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration A, a sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Part 3
Title: Production and Effect of Evidence
State: Central
Year: 1872
.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....
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