Title : Oral Evidence Must Be Direct
State : Central
Year : 1872
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 grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sate, and the grounds on which such opinions are held, may be proved by the production..... View Complete Act List Judgments citing this sectionTitle : Proof of Contents of Documents
State : Central
Year : 1872
The contents of documents may be proved either by primary or by secondary evidence. View Complete Act List Judgments citing this sectionTitle : Primary Evidence
State : Central
Year : 1872
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 the original. Illustration A person is shown to have been in possession of a number of placards, all printed at one..... View Complete Act List Judgments citing this sectionTitle : Secondary Evidence
State : Central
Year : 1872
Secondary evidence means and includes- (1) Certified copies given under the provisions hereinafter contained1; (2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies; (3) Copies made from or compared with the original; (4) Counterparts of documents as against the parties who did not execute them; (5) Oral accounts of the contents of a document given by some person who has himself seen it. Illustrations (a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original. (b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of..... View Complete Act List Judgments citing this sectionTitle : Proof of Documents by Primary Evidence
State : Central
Year : 1872
Documents must be proved by primary evidence except in the cases hereinafter mentioned. View Complete Act List Judgments citing this sectionTitle : Proof of Signature and Handwriting of Person Alleged to Have Signed or Written Document Produced
State : Central
Year : 1872
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his handwriting. View Complete Act List Judgments citing this sectionTitle : Proof Where No Attesting Witness Found
State : Central
Year : 1872
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the documents is in the handwriting of that person. View Complete Act List Judgments citing this sectionTitle : Admission of Execution by Party to Attested Document
State : Central
Year : 1872
The admission of a party to an attested document of its execution by himself shall be sufficient proof of its execution as against him, though it be a document required by law to be attested. View Complete Act List Judgments citing this sectionTitle : Proof when Attesting Witness Denies the Execution
State : Central
Year : 1872
If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence View Complete Act List Judgments citing this sectionTitle : Proof of Document Not Required by Law to Be Attested
State : Central
Year : 1872
An attesting document not required by law to be attested may be proved as if it was unattested. View Complete Act List Judgments citing this section