Title : Using, as Evidence, of Document Production of Which Was Refused on Notice
State : Central
Year : 1872
When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. Illustration A sues Bon an agreement and gives B notice to produce it. At the trial A calls for the document and B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document itself to contradict the secondary evidence given by A, or in order to show that the agreement is not stamped. He cannot do so. View Complete Act List Judgments citing this sectionTitle : Relevancy of Facts
State : Central
Year : 1872
Chapter 1 - PRELIMINARY Section 1 - Short title, extent and Commencement 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..... View Complete Act List Judgments citing this sectionTitle : Evidence May Be Given of Facts in Issue and Relevant 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 : Relevancy of Certain Evidence for Proving, in Subsequent Proceeding, the Truth of Facts Therein Stated
State : Central
Year : 1872
Evidence given by a witness in a judicial proceeding or before any person authorized by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable : Provided that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were..... View Complete Act List Judgments citing this sectionTitle : Exclusion of Evidence Against Application of Document to Existing Facts
State : Central
Year : 1872
When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration A sells to B, by deed, "my estate at Rampur containing 100 bighas". A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size. View Complete Act List Judgments citing this sectionTitle : Evidence as to Application of Language to One of Two Sets of Facts, to Neither of Which the Whole Correctly Applies
State : Central
Year : 1872
When the language used applies partly to one set existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply. Illustrations A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y, but it is not at X. Evidence may be given of facts showing which he meant to sell. View Complete Act List Judgments citing this sectionTitle : Evidence as to Meaning of Illegible Characters, Etc
State : Central
Year : 1872
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration A, a sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell. View Complete Act List Judgments citing this sectionTitle : On Whom Burden of Proof Lies
State : Central
Year : 1872
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B. View Complete Act List Judgments citing this sectionTitle : Dumb Witnesses
State : Central
Year : 1872
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. 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 section