Title : Evidence as to Matters in Writing
State : Central
Year : 1872
Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Explanation.--A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. Illustration The question is, whether A assaulted B. C deposes that he..... View Complete Act List Judgments citing this sectionTitle : Court to Decide when Question Shall Be Asked and when Witness Compelled to Answer
State : Central
Year : 1872
If any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affect the credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In exercising its discretion, the Court shall have regard to the following considerations:-- (1) Such questions are proper it they are of such a nature that the truth of the imputation conveyed by them would seriously affect the opinion of the Courts as to the credibility of the witness on the matter to which testifies; (2) Such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the..... View Complete Act List Judgments citing this sectionTitle : Procedure of Court in Case of Question Being Asked Without Reasonable Grounds
State : Central
Year : 1872
If the Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other authority to which such barrister, pleader, vakil or attorney is the subject in the exercise of his profession. View Complete Act List Judgments citing this sectionTitle : Indecent and Scandalous Questions
State : Central
Year : 1872
The Court may forbid any questions or inquiries which it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the questions before the Court, unless they relate to facts in issue, or to matters necessary to be known in order to determine whether or not the facts in issue existed. View Complete Act List Judgments citing this sectionTitle : Questions Intended to Insult or Annoy
State : Central
Year : 1872
The Court shall forbid any question which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly offensive in form. View Complete Act List Judgments citing this sectionTitle : Exclusion of Evidence to Contradict Answers to Questions Testing Veracity
State : Central
Year : 1872
When a witness has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers falsely, he may afterwards be charged with giving false evidence. Exception 1.If a witness is asked whether he has been previously convicted of any crime and denies it, evidence may be given 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..... View Complete Act List Judgments citing this sectionTitle : Question Tending to Corroborate Evidence of Relevant Fact, Admissible
State : Central
Year : 1872
When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate testimony of the witness as to the relevant fact which he testifies. Illustration A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself. View Complete Act List Judgments citing this sectionTitle : 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 sectionTitle : Refreshing Memory
State : Central
Year : 1872
A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory. The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct. When witness may use copy of document to refreshmemory.Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document: Provided the Court be satisfied that there is sufficient reason for the non-production of the original. An expert may refresh his..... View Complete Act List Judgments citing this sectionTitle : Giving, as Evidence, of Document Called for and Produced on Notice
State : Central
Year : 1872
When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so. View Complete Act List Judgments citing this section