Title : Facts Which Need Not Be Proved
State : Central
Year : 1872
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..... View Complete Act List Judgments citing this sectionTitle : Of Contingent Contracts
State : Central
Year : 1872
A "contingent contract" is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Illustration A contracts to pay B Rs.10,000 if B's house is burnt. This is a contingent contract. Section 32 - Enforcement of contracts contingent on an event happening Contingent contracts to do or not to do anything if an uncertain future event happens cannot be enforced by law unless and until that event has happened. If the event becomes impossible, such contracts become void. Illustrations (a) A makes a contract with B to buy B's horse if A survives C. This contract cannot be enforced by law unless and until C dies in A's lifetime. (b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse..... View Complete Act List Judgments citing this sectionTitle : Of Improper Admission and Rejection of Evidence
State : Central
Year : 1872
The improper admission or rejection of evidence shall not be ground of itself for anew trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received it ought not to have varied the decision. View Complete Act List Judgments citing this sectionTitle : Of the Exclusion of Oral or Documentary Evidence
State : Central
Year : 1872
When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence1 shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.-When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.-Wills 2 [admitted to probate in 3 [India]] may be..... View Complete Act List Judgments citing this sectionTitle : Of Oral Evidence
State : Central
Year : 1872
All facts, except the 1 [contents of documents or electronic records], may be proved by oral evidence. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "contents of documents" (w.e.f. 17-10-2000). Section 60 - Oral evidence must be direct Oral evidence must, in all cases whatever, be direct; that is to say-- If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that senseor in that manner; If it refers to an opinion or to the..... View Complete Act List Judgments citing this sectionTitle : Of the Burden of Proof
State : Central
Year : 1872
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..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1872
This Act may be called the Indian Evidence Act, 1872. It extends to the whole of India1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial,2[other than Court-martial convened under the Army Act] (44 & 45 Vict., c. 58)3[the Naval Discipline Act (29 & 30 Vict., c. 109) or4[***] the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act] (7 Gco. 5, c. 51) but not to affidavits presented to any Court or Officer, not to7proceedings before an arbitrator; And it shall come into force on the first day of September, 1872. _____________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "except Part B States". 2. Inserted by Act 18 of 1919, section 2 and Schedule I...... View Complete Act List Judgments citing this sectionTitle : Of the Relevancy of Facts
State : Central
Year : 1872
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.-This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure1 . Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:- A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on..... View Complete Act List Judgments citing this sectionTitle : Of Witnesses
State : Central
Year : 1872
All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation.A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Section 119 - Dumb witnesses A witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such writing must be written and the signs made in open Court, Evidence so given shall be deemed to be oral evidence. Section 120 - Parties to civil..... View Complete Act List Judgments citing this sectionState : Central
Year : 1872
INDIAN EVIDENCE ACT, 1872 INDIAN EVIDENCE ACT, 1872 CHAPTER I: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT This Act may be called the Indian Evidence Act, 1872. 2It extends to the whole of India 3 [Except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 4[other than Courts-martial convened under the Army Act.,] (44 & 45 Vict., c.58) 5[the Naval Discipline Act (29 & 30 Vict., c 109) or 6[***] the Indian Navy (Discipline) Act. 19347] (34 of 1934) 8[or the Air Force Act] 7 Geo. 5, c. 51) but not to affidavits presented to any Court to any Court or Officer, not to proceedings before an arbitrator And it shall come into force on the first day of September, 1872. [ SECTION 02: REPEAL..... List Judgments citing this section