Title : 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 : Rules as to Notice to Produce
State : Central
Year : 1872
Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is,1[or to his attorney or pleader,] such notice to produce it as is prescribed by law, and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:-- (1) when the document to be proved is itself a notice; (2) when, from the nature of the case, the adverse party must know that he..... 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 : Of the Burden of Proof
State : Central
Year : 1872
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail..... View Complete Act List Judgments citing this sectionTitle : Confidential Communications with Legal Advisers
State : Central
Year : 1872
No one shall be compelled to disclose to the Court any confidential communication which has taken place between him and his legal professional adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such communications as may appear to the Court necessary to be known in order to explain any evidence which he has given, but no others. View Complete Act List Judgments citing this sectionTitle : Witness Not Excused from Answering on Ground That Answer Will Criminate
State : Central
Year : 1872
A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any suit or in any civil or criminal proceeding, upon the ground that the answer to such question will criminate, or may lend directly or indirectly to criminate, such witness, or that it will expose, or tend directly or indirectly to expose, such witness to a penalty or forfeiture of any kind: Proviso.Provided that no such answer, which a witness shall be compelled to give, shall subject him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a prosecution for giving false evidence by such answer. 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 : Impeaching Credit of Witness
State : Central
Year : 1872
The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him :- (1) By the evidence of persons who testify that they, from their knowledge of the witness believe him to be unworthy of credit; (2) By proof that the witness has been bribed, or has1[accepted] the offer of a bribe, or has received any other corrupt inducement to give his evidence; (3) By proof of former statements inconsistent with any part of his evidence which is liable to be contradicted; 2[***] Explanation.-A witness declaring another witness to be unworthy of credit may not, upon his examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination, and the answers which he gives cannot..... View Complete Act List Judgments citing this sectionTitle : The Indian Evidence Act, 1872
State : Central
Year : 1872
THE INDIAN EVIDENCE ACT, 1872 [Act, No. 1 of 1872]1 [15th March, 1872] Arrangement of Sections PREAMBLE WHEREAS it is expedient to consolidate, define and amend the law of Evidence, it is hereby enacted as follows:- _____________________ 1. The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, section 3 and Schedule., extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, section 2 and Schedule 1 (w.e.f. 1-7-1965) and to the whole of Union territory of Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963, section 3 and Schedule 1. The Act has been amended in West Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil Nadu Act 67 of 1979. View Complete Act List Judgments citing this sectionTitle : Exclusion of Evidence of Oral Agreement
State : Central
Year : 1872
When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Proviso (1).-Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party 1 [want or failure] of consideration, or mistake in fact or taw: Proviso (2).-The existence of any separate..... View Complete Act List Judgments citing this section