Title : Presumption as to Documents Produced as Record of Evidence
State : Central
Year : 1872
Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceedings or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any judge or Magistrate or by any such officer as aforesaid the Court shall presume-- that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken. View Complete Act List Judgments citing this sectionTitle : Production of Documents
State : Central
Year : 1872
A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court, notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court. The Court, if it sees, fit, may inspect the document, unless it refers to matters of state, or take other evidence to enable it to determine on its admissibility. Translation of documents.If for such a purpose it is necessary to cause any document to be translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the document is to be given in evidence : and, if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian..... 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 : No New Trial for Improper Admission or 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 : Admissions in Civil Cases, when Relevant
State : Central
Year : 1872
In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation.Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126. View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Exclusion of Evidence to Explain or Amend Ambiguous Document
State : Central
Year : 1872
When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations (a) A agrees, in writing, to sell a horse of B for "Rs. 1,000 or Rs. 1,500". Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled. View Complete Act List Judgments citing this sectionTitle : Evidence as to Application of Language Which Can Apply to One Only of Several Persons
State : Central
Year : 1872
When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things it was intended to apply to. Illustrations (a) A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant. (b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing whether Haidarabad in the Dekkhan or Haidarabad in Sindh was meant. View Complete Act List Judgments citing this sectionTitle : Burden of Proving Fact to Be Proved to Make Evidence Admissible
State : Central
Year : 1872
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost. 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 section