Bare Act Search Results

Indian Evidence Act 1872 Part 1

Title: Relevancy of Facts

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. "Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant 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,.....

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,.....

Indian Evidence Act 1872 Chapter 1

Title: Preliminary

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. "Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant 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,.....

Indian Evidence Act 1872 Section 3

Title: Interpretation Clause

State: Central

Year: 1872

.....the Information Technology Act, 2000.] ________________ 1. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), section 2, the Indian Penal Code (Act 45 of 1860), section 19; and, for a definition of "District Judge", the General Clauses Act, 1897 (10 of 1897), section 3 (17). 2. Cf. the General Clauses Act, 1897 (10 of 1897), section 3 (32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). 3. See now the Code of Civil Procedure, 1908 (5 of 1908) as to the settlement of issues, See Schedule I, Order XIV. 4. Cf. the Indian Penal Code (Act 45 of 1860), section 29 and the General Clauses Act, 1897 (10 of 1897), section 3 (18). 5. Cf. definition of "writing in the General Clauses Act, 1897 (10 of 1897), section 3 (65). 6. Substituted by Act 21 of 2000, section 92 and Schedule II, for "all documents produced for the inspection of the Court." (w.e.f. 17-10-2000). 7. Substituted by Act 3 of 1951, section 3 and Schedule, for the definition of "State" and "States", which was inserted by the A.O. 1950. 8. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000). 9. Substituted vide IT Amendment Act, 2008 prior text was "Digital Signature" .....

Indian Evidence Act 1872 Section 4

Title: "may Presume"

State: Central

Year: 1872

Whenever it is proved by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. "Shall presume".Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. "Conclusive proof.When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

Negotiable Instruments Act, 1881 Complete Act

State: Central

Year: 1881

.....When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged. SECTION 40: DISCHARGE OF INDORSER'S LIABILITY Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank- First indorsement, "B". Second indorsement, "Peter Williams". Third indorsement "Wright & Co." Fourth indorsement "John Rozario". This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario. SECTION 41: ACCEPTOR BOUND, ALTHOUGH INDORSEMENT FORGED An acceptor of a bill of.....

Code of Criminal Procedure, 1973 Chapter 5

Title: Arrest of Persons

State: Central

Year: 1973

.....believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. 1 Explanation.- In this section and in sections 53A and 54,-- (a) "examination" shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practioner thinks necessary in a particular case; (b) "registered medical practitioner" means a medical practitioner who.....

Code of Criminal Procedure, 1973 Section 54

Title: Examination of Arrested Person by Medical Officer

State: Central

Year: 1973

.....sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrest person or the person nominated by such arrested person.] STATE AMENDMENT 1[ Uttar Pradesh: In section 54 , the following sentence shall be inserted at the end, namely:- "The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost." After Section 54 , the following section shall be inserted, namely:-- " 54 -A. Test identification of the accused.- When a person is arrested on a charge of committing an offence and hi s test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested."."

Negotiable Instruments Act, 1881 Chapter XIII

Title: Special Rules of Evidence

State: Central

Year: 1881

.....- Presumption on proof of protest In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved. Section 120 - Estoppel against denying original validity of instrument No maker of a promissory note, and no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the instrument as originally made or drawn. Section 121 - Estoppel against denying capacity of payee to indorse No maker of a promissory note and no acceptor of a bill of exchange1[payable to ord er] sh all, in a suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the rate of the note or bill, to indorse the same. ___________________ 1. Substituted by Act 8 of 1919, sec. 5, for "payable to, or to the order of, a specified person". Section 122 - Estoppel against denying signature or capacity of prior party No indorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the.....

Negotiable Instruments Act, 1881 Section 119

Title: Presumption on Proof of Protest

State: Central

Year: 1881

In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.