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Start Free TrialIndian Evidence Act 1872 Section 73
Title: Comparison of Signature, Writing or Seal with Others Admitted or Proved
State: Central
Year: 1872
In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. 1[This section applies also, with any necessary modifications, to finger-impressions. ________________________ 1. Inserted by Act 5 of 1899, section 3.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 82
Title: Presumption as to Document Admissible in England Without Proof of Seal or Signature
State: Central
Year: 1872
When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and mat me person signing it held, at the lime when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland .
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Part 2
Title: On Proof
State: Central
Year: 1872
.....the facts admitted to be proved otherwise than by such admission. INDIAN EVIDENCE ACT 1872Chapter 4 - OF ORAL EVIDENCE Section 59 - Proof of facts by oral evidence All facts, except the 1 [contents of documents or electronic records], may be proved by oral evidence. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "contents of documents" (w.e.f. 17-10-2000). Section 60 - Oral evidence must be direct Oral evidence must, in all cases whatever, be direct; that is to say-- If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that senseor in that manner; If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sate, and the grounds on.....
View Complete Act List Judgments citing this sectionIndian 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,.....
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 Chapter 3
Title: Facts Which Need Not Be Proved
State: Central
Year: 1872
No fact of which the Court will take judicial notice need to be proved. Section 57 - Facts of which Court must take judicial notice The Court shall take judicial notice of the following facts:- 1 [(1) All laws in force in the territory of India;] (2) All public Acts passed or hereafter to be passed by Parliament 1 [of the United Kingdom] and all local and personal Acts directed by Parliament 2 [of the United Kingdom] to be judicially noticed; (3) Articles of War for 3 [the Indian] Army 4 [Navy or Air Force]; 5 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the States;] (5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial notice : the seals of all the 6 [Courts in 7 [India] and all Courts out of 5 [India] established by the authority of 8 [the Central Government or the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public,.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 57
Title: Facts of Which Court Must Take Judicial Notice
State: Central
Year: 1872
.....The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in 10 [any Official Gazette]; (8) The existence, title and national flag of every State or Sovereign recognized by 11 [the Government of India]; (9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (10) The territories under the dominion of 11 [the Government of India]; (11) The commencement, continuance, and termination of hostilities between 11 [the Government of India] and any other State of body of persons; (12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of or all advocates, attorneys, proctors, vakils pleaders and other persons authorized by law to appear or act before it; (13) The rule of the road 12 [on land or at sea]. In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its.....
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Part II
Title: Time and Palace at Which Marriages May Be Solemnized
State: Central
Year: 1872
.....or special license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, license, {Ins. by Act 2 of 1891, section.2} [or (3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland]. Section 11 - Place for solemnizing marriage No Clergyman of the Church of England shall solemnize a marriage in any place other than a church {Ins. by section.3, ibid.} [where worship is generally held according to the forms of the Church of England], unless there is no {Ins. by section.3, ibid.} [such] church within five miles distance by the shortest road from such place, or unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary. Fee for special license.- For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 76
Title: Certified Copies of Public Documents
State: Central
Year: 1872
Every1public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is true copy of such document or part thereof, as the case may be and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies. Explanation.-Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section. ___________________________ 1. A village-officer in the Punjab has been declared for the purposes of this Act to be a public officer having the custody of a public document-see the Punjab Land Revenue Act, 1887 (17 of 1887), section, 151 (2).
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.....
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