Title : Privilege Not Waived by Volunteering Evidence
State : Central
Year : 1872
If any party to a suit gives evidence therein at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure as is mentioned in section 126; and if any party to a suit or proceeding calls any such barrister, 1 [pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at liberty to disclose. ______________________ 1. Inserted by Act 18 of 1872, section 10. View Complete Act List Judgments citing this sectionTitle : Of the Examination of Witnesses
State : Central
Year : 1872
The order in which the witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court. Section 136 - Judge to decide as to admissibility of evidence When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact..... View Complete Act List Judgments citing this sectionTitle : Presumption as to Power-of-attorney
State : Central
Year : 1872
The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any court, Judge, Magistrate,1[Indian] Consul or Vice-Consul, or representative2[***] of the3[Central Government], was so executed and authenticated. ________________________ 1. Substituted by the A.O. 1950, for "British". 2. The Words "of Her Majesty, or" omitted by the A.O. 1950. 3. Substituted by the A.O. 1937, for "Government of India". View Complete Act List Judgments citing this sectionTitle : Evidence of Terms of Contracts, Grants and Other Dispositions of Property Reduced to Form of Document
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 : Of Witnesses
State : Central
Year : 1872
All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. Explanation.A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them. Section 119 - Dumb witnesses 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. Section 120 - Parties to civil..... View Complete Act List Judgments citing this sectionTitle : Preliminary
State : Central
Year : 1872
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 Part B States". 2. Inserted by Act 18 of 1919, section 2 and Schedule I...... View Complete Act List Judgments citing this sectionTitle : What Evidence to Be Given when Statement Forms Part of a Conversation, Document, Electronic Record, Book or Series of Letters or Papers
State : Central
Year : 1872
1 [39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.] _____________________ 1. Substituted by Act..... View Complete Act List Judgments citing this sectionTitle : Admissibility of Electronic Records
State : Central
Year : 1872
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible. (2) The conditions referred to in sub-section (1) in respect of a computer output shall be the following, namely: - (a) the computer output containing the..... View Complete Act List Judgments citing this sectionTitle : Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant
State : Central
Year : 1872
Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature..... View Complete Act List Judgments citing this sectionTitle : Of Documentary Evidence
State : Central
Year : 1872
The contents of documents may be proved either by primary or by secondary evidence. Section 62 - Primary evidence Primary evidence means the document itself produced for the inspection of the Court. Explanation 1.Where a document is executed in several parts, each part is primary evidence of the document: Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Explanation 2.Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of..... View Complete Act List Judgments citing this section