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Start Free TrialIndian Evidence Act 1872 Part 3
Title: Production and Effect of Evidence
State: Central
Year: 1872
.....PROOF Section 101 - Burden of proof Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. .....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 157
Title: Former Statements of Witness May Be Proved to Corroborate Later Testimony as to Same Fact
State: Central
Year: 1872
In order to corroborate the testimony of a witness, any former statement made by such witness relating to the same fact at or about the lime when the fact took place, or before any authority legally competent to investigate the fact, may be proved.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Complete Act
Title: Indian Evidence Act 1872
State: Central
Year: 1872
..... Section2 - Repeal of enactments Section3 - Interpretation clause Section4 - "May presume" Chapter 2 Section5 - Evidence may be given of facts in issue and relevant facts Section6 - Relevancy of facts forming part of same transaction Section7 - Facts which are the occasion, cause or effect of facts in issue Section8 - Motive, preparation and previous or subsequent conduct Section9 - Facts necessary to explain or introduce relevant facts Section10 - Things said or done by conspirator in reference to common design Section11 - When facts not otherwise relevant become relevant Section12 - In suits for damages, facts tending to enable Court to determine amount are relevant Section13 - Facts relevant when right or custom is in question Section14 - Facts showing existence of state of mind, or of body or bodily feeling Section15 - Facts bearing on question whether act was accidental or intentional Section16 - Existence of course of business when relevant Section17 - Admission defined Section18 - Admission by party to proceeding or his agent by suitor in representative character Section19 - Admissions by persons whose position must be proved as against party to.....
List Judgments citing this sectionIndian Evidence Act 1872 Section 153
Title: Exclusion of Evidence to Contradict Answers to Questions Testing Veracity
State: Central
Year: 1872
.....of his previous conviction. Exception 2.If a witness is asked any question tending to impeach his impartiality, and answers it by denying the facts suggested, he may be contradicted. Illustrations (a) A claim against an underwriter is resisted on the ground of fraud. The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies it. Evidence is offered to show that he did make such a claim. The evidence is inadmissible. (b) A witness is asked whether he was not dismissed from a situation for dishonesty. He denies it. Evidence is offered to show that he was dismissed for dishonesty. The evidence is not admissible. (c) A affirms that on a certain day he saw B at Lahore. A is asked whether he himself was not on that day at Calcutta. He denies it. Evidence is offered to show that A was on that day at Calcutta. The evidence is admissible, not as contradicting A on a fact which affects his credit, but as contradicting the alleged fact that B was seen on the day in question in Lahore. In each of these cases the witness might, if his denial was false, be charged with giving false evidence. (d) A is asked whether.....
View Complete Act List Judgments citing this sectionFormer Secretary of State Service Officers (Conditions of Service) Act, 1972 Section 8
Title: Pension Payable to Former Secretary of State Service Officers in Indian Currency Only
State: Central
Year: 1972
.....value thereof, already drawn in rupees before the commencement of the Former Secretary of State Service Officers (Conditions of Service) Amendment Act, 1975, into pound sterling. Explanation 2.--In this sub-section, the expression "foreigner" means a person who is not a citizen of India..] (2) Notwithstanding any judgment, decree or order of any court, every former Secretary of State Service officer 1 [not being an officer to whom the first proviso or the second provisos to sub-section (1) applies]who has been paid the rupee equivalent or, as the case may be, the pound sterling equivalent of his pension by calculating such pension with reference to a rate of exchange exceeding the rate of exchange of rupees thirteen and one third to the pound sterling, shall refund to the Central Government or, as the case may be, the State Government, the sum by which the amount paid to him exceeds the amount which would have been payable to him if the calculation had been made at the rate of exchange of rupees thirteen and one-third to the pound sterling and the Central Government or the State Government may set off, in such manner as it may deem fit, the amount required to be so refunded.....
View Complete Act List Judgments citing this sectionFormer Secretary of State Service Officers (Conditions of Service) Act, 1972 Amending Act 1
Title: Former Secretary of State Service Officers (Conditions of Service) Amendment Act, 1975
State: Central
Year: 1972
.....8 In the Former Secretary of State Services Officers (Conditions of Service) Act, 1972 (59 of 1972) (hereinafter referred to as the principal Act), in section 8,- (a) in sub-section (1) , after clause (c), the following provisos and Explanations shall be inserted, and shall be deemed always to have been inserted, namely:- 'Provided that in relation to every former Secretary of State Service officer who, having been in service on the 1st day of February, 1921, and domiciled in India on that date, is entitled immediately before the appointed day to claim his pension computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange of rupees fifteen to a pound sterling, clause (c) shall have effect as if for the words "thirteen and one-third", the word "fifteen" were substituted: Provided further that every former Secretary of State Service officer whose pension was expressed in sterling or in respect of whose pension a fixed sterling minimum was applicable, and who, immediately before the appointed day, is a foreigner having taken up permanent residence outside India, shall, so long as he continues to be a foreigner permanently residing outside.....
View Complete Act List Judgments citing this sectionFormer Secretary of State Service Officers (Conditions of Service) Act, 1972 Complete Act
Title: Former Secretary of State Service Officers (Conditions of Service) Act, 1972
State: Central
Year: 1972
.....of I.C.S. Members of Indian Administrative Service and I.P. Members of Indian Police Service Section6 - Retirement of I.C.S.members of Indian Administrative Service and I.P.members of Indian Police Service Section7 - Pension of S.C. members of Indian Administrative Service Section8 - Pension payable to former Secretary of State Service officers in Indian currency only Section9 - Power of Central Government to adapt certain rules, regulations and orders Section10 - Power to construe rules, regulations and orders Section10A - Power of Central Government to make orders in certain cases to ensure parity Section11 - Power to remove difficulties Section12 - Act to have over-riding effect Section13 - Saving of orders in respect of disciplinary matters ScheduleI - SCHEDULE Amending Act1 - FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) AMENDMENT ACT, 1975
List Judgments citing this sectionFormer Secretary of State Service Officers (Conditions of Service) Act, 1972 Preamble 1
Title: Former Secretary of State Service Officers (Conditions of Service) Act, 1972
State: Central
Year: 1972
THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972 [Act, No. 59 of 1972] [21st September, 1972] PREAMBLE An Act to provide for the variation or revocation of the conditions of service of former Secretary of State Service officers in respect of certain matter and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows: -
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 5
Title: Of Documentary Evidence
State: Central
Year: 1872
.....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. Section 65A - Special provisions as to evidence relating to electronic record 1 [65A. Special provisions as to evidence relating to electronic record The contents of electronic records may be proved in accordance with the provisions of section 65B (w.e.f. 17-10-2000). ________________________ 1. Inserted by Act 21 of 2000, section 92 and.....
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
.....2.-Where there are more originals than one, one original only need be proved. Explanation 3.-The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange 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.....
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