Title : Production and Effect of Evidence
State : Central
Year : 1872
Chapter 7 - OF THE BURDEN OF 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..... View Complete Act List Judgments citing this sectionTitle : Estoppel
State : Central
Year : 1872
When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title. Section 116 - Estoppel of tenant; and of licensee of person in possession No tenant of immovable property, or person..... View Complete Act List Judgments citing this sectionTitle : Of the Examination of Witnesses
State : Central
Year : 1872
The order in which the witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court. Section 136 - Judge to decide as to admissibility of evidence When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact..... View Complete Act List Judgments citing this sectionTitle : Of Documentary Evidence
State : Central
Year : 1872
The contents of documents may be proved either by primary or by secondary evidence. Section 62 - Primary evidence Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.Where a document is executed in several parts, each part is primary evidence of the document: Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of..... View Complete Act List Judgments citing this sectionTitle : Indian Evidence (Amendment) Act, 2002
State : Central
Year : 1872
THE INDIAN EVIDENCE (AMENDMENT) ACT, 2002 [Act, No. 4 of 2003] [31st December, 2002] PREAMBLE An Act further to amend the Indian Evidence Act, 1872. BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-- 1. Short title This Act may be called the Indian Evidence (Amendment) Act, 2002. 2. Amendment of section 146 In section 146 of the Indian Evidence Act, 1872 (1 of 1872) (hereinafter referred to as the principal Act), after clause (3), the following proviso shall be inserted, namely:-- "Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character.". 3. Amendment of section 155 In section 155 of the..... View Complete Act List Judgments citing this sectionTitle : Indian Evidence Act 1872
State : Central
Year : 1872
Preamble1 - THE INDIAN EVIDENCE ACT, 1872 Part 1 Chapter 1 Section1 - Short title, extent and Commencement 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 ..... List Judgments citing this sectionTitle : Alteration and Revocation of Grants
State : Central
Year : 1925
Errors in names and descriptions, or in setting forth the time and place of the deceased's death or the purpose in a limited grant, may be rectified by the Court and the grant of probate or letters of administration may be altered and amended accordingly. Section 262 - Procedure where codicil discovered after grant of administration with Will annexed If, after the grant of letters of administration with the Will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly. Section 263 - Revocation or annulment for just cause The grant of probate or letters of administration may be revoked or annulled for just cause. Explanation.Just cause shall be deemed to exist where (a) the proceedings..... View Complete Act List Judgments citing this sectionTitle : Interpretation Clause
State : Central
Year : 1872
In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from 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..... View Complete Act List Judgments citing this sectionTitle : Tranfser of Assests, Liabilities, Etc., of the Indian Standards Institution of the Bureau
State : Central
Year : 1986
(1) On and from the date of establishment of the (a) any reference to the Indian Standards Institution in any law other than this Act or in any contract or/other instrument shall be deemed as a reference to the Bureau; (b) all properties and assets, movable and immovable, of, or belonging to, the Indian Standards Institution shall vest in the Bureau; (c) all the rights and liabilities of the Indian Standards Institution shall be transferred to, and be the rights and liabilities of, the Bureau; (d) without prejudice to the provisions of clause (e) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Indian Standards Institution immediately before that date, for or in connection with the..... View Complete Act List Judgments citing this sectionTitle : Of Village-forests
State : Central
Year : 1927
(1) The1[ State Government ] may assign to any village-community the rights of Government to or over any land which has been constituted a reserved forest, and may cancel such assignment. All forests so assigned shall be called village-forests. (2) The1[ State Government ] may make rules for regulating the management of village-forests, prescribing the conditions under which the community to which any such assignment is made may be provided with timber or other forest-produce or pasture, and their duties for the protection and improvement of such forest. (3) All the provisions of this Act relating to reserved forests shall (so far as they are not inconsistent with the rules so made) apply to village-forests. ___________________ _ 1. Substituted by the A.O. 1950, for "Provincial..... View Complete Act List Judgments citing this section