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Start Free TrialIndian Evidence Act 1872 Part 1
Title: Relevancy of Facts
State: Central
Year: 1872
.....the 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,.....
View Complete Act List Judgments citing this sectionIndian Evidence Act, 1872 Complete Act
State: Central
Year: 1872
.....appears from the context- "Court"- includes all Judges and Magistrates, 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 sense; (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 goods faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars 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, non-existence,.....
List Judgments citing this sectionIndian Evidence Act 1872 Chapter 1
Title: Preliminary
State: Central
Year: 1872
.....the 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,.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 3
Title: Interpretation Clause
State: Central
Year: 1872
.....the 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,.....
View Complete Act List Judgments citing this sectionIndian 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.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Complete Act
State: Central
Year: 1881
.....but indorsed the bill to A. A's title is subject to the same objection as the drawer's title. SECTION 60: INSTRUMENT NEGOTIABLE TILL PAYMENT OR SATISFACTION A negotiable instrument may be negotiated (except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof by the maker, drawee or acceptor at or after maturity, but not after such payment or satisfaction. SECTION 61: PRESENTMENT FOR ACCEPTANCE A bill of exchange payable after sight must, if no time or place is specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable search, be found, by a person entitled to demand acceptance within a reasonable time after it is drawn, and in business hours on a business day. In default of such presentment, on party thereto is liable thereon to the person making such default. If the drawee cannot, after reasonable search, be found, the bill is dishonoured. If the bill is directed to the drawee at a particular place, it must be presented at that place, and if at the due date for presentment he cannot, after reasonable search, be found thereon, the bill is dishonoured,20[Where authorised by agreement or.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 5
Title: Arrest of Persons
State: Central
Year: 1973
.....with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing. (ba) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence] (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or (e) who obstructs a police officer while in the execution of his duty, or.....
View Complete Act List Judgments citing this sectionCode 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."."
View Complete Act List Judgments citing this sectionNegotiable 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.....
View Complete Act List Judgments citing this sectionNegotiable 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.
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