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Home Bare Acts Phrase: high proofIndian 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 Chapter 7
Title: Of the Burden of Proof
State: Central
Year: 1872
.....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. The execution of the bond is admitted, but B.....
View Complete Act List Judgments citing this sectionHigh Denomination Bank Notes (Demonetisation) Act, 1978 Section 7
Title: Exchange of High Denomination Bank Notes Held by Other Persons
State: Central
Year: 1978
.....officer thereof; and (f) where the high denomination bank note is owned by any other person, by that person or by some person competent to act on his behalf; and within the time and in the manner provided in this section. (2) Every person desiring to tender for exchange a high denomination bank note under this section shall prepare in the form set out in the Schedule three copies of a declaration signed by him giving in full the particulars required by that form and shall, not later than the 19th day of January, 1978, deliver such copies in person together with the high denomination bank notes he desires to exchange- (a) to either of the offices of the Reserve Bank at Bombay or to the sub-office, office or branch, as the case may be, of that bank at Ahmedabad, Bangalore, Bhubaneshwar, Calcutta, Gauhati, Hyderabad, Jaipur, Kanpur, Madras, Nagpur, New Delhi and Patna; or (b) to the main office or branch of the State Bank at the head-quarters of a district; or (c) to any other office of a public sector bank notified in this behalf by the Reserve Bank: Provided that if such person resides in a place not within convenient reach of any such office or branch, or.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Part 2
Title: On Proof
State: Central
Year: 1872
Chapter 3 - FACTS WHICH NEED NOT BE PROVED Section 56 - Fact judicially noticeable need not be proved 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.....
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 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 sectionDelhi High Court Act, 1966 Complete Act
Title: Delhi High Court Act, 1966
State: Central
Year: 1966
.....Delhi Section8 - Custody of the Seal of the High Court of Delhi Section9 - Form of writs and other processes Section10 - Powers of Judges Section11 - Procedure as to appeals to Supreme Court Section12 - Transfer of proceedings from the High Court of Punjab to the High Court of Delhi Section13 - Right to appear or to act in proceedings transferred to the High Court of Delhi Section14 - Interpretation Section15 - Savings Section16 - Pending proceedings before subordinate Courts in Delhi Section17 - Extension of the jurisdiction of the High Court of Delhi Section18 - Rule of construction Section19 - Amendment of certain laws Section20 - Power to remove difficulties Section21 - Power to adapt laws Amending Act1 - DELHI HIGH COURT (AMENDMENT) ACT, 2003
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.....
View Complete Act List Judgments citing this sectionHigh Court Judges (Salaries and Conditions of Service) Act, 1954 Section 23C
Title: Special Provisions in Respect of Judges Transferred from the High Court of Jammu and Kashmir
State: Central
Year: 1954
1[23C. Special provisions in respect of Judges transferred from the High Court of Jammu and Kashmis (1) In the calculation of service for pension of a Judge of the High Court of Jammu and Kashmir transferred to any other High Court, his service for pension as a Judge of the High Court of Jammu and Kashmir shall also be reckoned as service for pension under this Act. (2) In the calculation of the amount of leave at the credit of a Judge of the High Court of Jammu and Kashmir transferred to any other high Court, the amount of leave due to him as a Judge of the High Court of Jammu and Kashmir shall be added to the amount of leave at his credit under this Act.] _________________________ 1. Inserted and shall be deemed always to have been inserted by the High Court Judges (Conditions of Service) Amendment Act (27 of 1964), Section 3.
View Complete Act List Judgments citing this sectionHigh Court Judges (Salaries and Conditions of Service) Act, 1954 Amending Act 1
Title: High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Act, 2005
State: Central
Year: 1954
.....as such judge under sub-clause (b) of clause (3) of article 124 of the Constitution.". 8. Amendment of section 16A In the Supreme Court Judges Act, in section 16A, in sub-section (1),-- (i) in clause (a),-- (A) after the words "family pension calculated at the rate of fifty per cent of his salary", the words "plus fifty per cent of his dearness pay" shall be inserted; (B) after the words "and thereafter at the rate of thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted; (ii) in clause (b), after the words "family pension shall be thirty per cent of his salary", the words "plus thirty per cent of his dearness pay" shall be inserted. 9. Amendment of section 23 In section 23 of the Supreme Court Judges Act, in sub-section (1A), for the words "of ten thousand rupees", the words "equivalent to an amount of thirty per cent. of the salary plus thirty per cent of the dearness pay" shall be substituted. 10. Amendment of section 23B In section 23B of the Supreme Court Judges Act, for the words "four thousand" and "three thousand", the words "ten thousand" and "seven thousand five hundred" shall respectively be.....
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