Title : Of the Exclusion of Oral or Documentary Evidence
State : Central
Year : 1872
When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence1 shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained. Exception 1.-When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.-Wills 2 [admitted to probate in 3 [India]] may be..... View Complete Act List Judgments citing this sectionTitle : Evidence as to Document Unmeaning in Reference to Existing Facts
State : Central
Year : 1872
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration A sells to B, by deed, "my house in Calcutta". A had no house in Calcutta, but it appears that he had a house at Howrah, at which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house of Howrah. View Complete Act List Judgments citing this sectionTitle : Who May Give Evidence of Agreement Varying Term of Document
State : Central
Year : 1872
Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time they make an oral agreement that three months's credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests. View Complete Act List Judgments citing this sectionTitle : Evidence as to Affairs of State
State : Central
Year : 1872
No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit. 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 sectionTitle : Of the Relevancy of 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 : Proof of Admissions Against Persons Making Them, and by or on their Behalf
State : Central
Year : 1872
Admissions are relevant and may be proved as against the person who makes them or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:-- (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32. (2) An admission may by proved by or on behalf of the person making it, when it consists of a statement of the existence of any state of mind or body, relevant or in issue, made at or about the time when such state of mind or body existed, and is accompanied by conduct rendering its falsehood improbable. (3) An admission may be..... View Complete Act List Judgments citing this sectionTitle : When Oral Admissions as to Contents of Documents Are Relevant
State : Central
Year : 1872
Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. View Complete Act List Judgments citing this sectionTitle : Confession Otherwise Relevant Not to Become Irrelevant Because of Promise of Secrecy, Etc
State : Central
Year : 1872
If such a confession is otherwise relevant, it docs not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practiced on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him. View Complete Act List Judgments citing this sectionTitle : Of Oral Evidence
State : Central
Year : 1872
All facts, except the 1 [contents of documents or electronic records], may be proved by oral evidence. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "contents of documents" (w.e.f. 17-10-2000). Section 60 - Oral evidence must be direct 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..... View Complete Act List Judgments citing this section