Title : Relevancy of Facts Forming Part of Same Transaction
State : Central
Year : 1872
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them. (c) A sues B for a libel..... View Complete Act List Judgments citing this sectionTitle : Facts Which Are the Occasion, Cause or Effect of Facts in Issue
State : Central
Year : 1872
Facts which are the occasion, cause, or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of things under which they happened, or which afforded an opportunity for their occurrence or transaction, are relevant. Illustrations (a) The question is, whether A robbed B. The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it or mentioned the fact that he had it, to third persons, are relevant. (b) The question is, whether A murdered B. Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant facts. (c) The question is, whether A poisoned B. The state of B's health before the symptoms ascribed to poison, and habits of B,..... View Complete Act List Judgments citing this sectionTitle : Facts Necessary to Explain or Introduce Relevant Facts
State : Central
Year : 1872
Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose. Illustrations (a) The question is, whether a given document is the will of A. The state of A's property and of his family at the date of the alleged will may be relevant facts. (b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is true. The position and relations of..... View Complete Act List Judgments citing this sectionTitle : Things Said or Done by Conspirator in Reference to Common Design
State : Central
Year : 1872
Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustration Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the 1 [Government of India]. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D..... View Complete Act List Judgments citing this sectionTitle : When Facts Not Otherwise Relevant Become Relevant
State : Central
Year : 1872
Facts not otherwise relevant are relevant (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations (a) The question is whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or..... View Complete Act List Judgments citing this sectionTitle : In Suits for Damages, Facts Tending to Enable Court to Determine Amount Are Relevant
State : Central
Year : 1872
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant. View Complete Act List Judgments citing this sectionTitle : Facts Relevant when Right or Custom is in Question
State : Central
Year : 1872
Where the question is as to the existence of any right or custom, the following facts are relevant: (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted or departed from. Illustration The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's..... View Complete Act List Judgments citing this sectionTitle : Admission by Party to Proceeding or His Agent by Suitor in Representative Character
State : Central
Year : 1872
Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character. Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by (1) party interested in subject-matter.persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or (2) person from whom interest derived.persons from whom the parties to the suit have derived their interest in the subject-matter of..... View Complete Act List Judgments citing this sectionTitle : Admissions by Persons Whose Position Must Be Proved as Against Party to Suit
State : Central
Year : 1872
Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, IS A denies that C did owe rent to B. View Complete Act List Judgments citing this sectionTitle : Admissions by Persons Expressly Referred to by Party to Suit
State : Central
Year : 1872
Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration The question is, whether a horse sold by A to B is sound. A says to B--"Go and ask C, C knows all about it". C's statement is an admission. View Complete Act List Judgments citing this section