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Start Free TrialIndian 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.....
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
.....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 suit Section20 - Admissions by persons expressly referred to by party to suit Section21 -.....
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
.....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 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.....
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