Title : Fraud or Collusion in Obtaining Judgment, or Incompetency of Court, May Be Proved
State : Central
Year : 1872
Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under sections 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion. View Complete Act List Judgments citing this sectionTitle : Facts Bearing Upon Opinions of Experts
State : Central
Year : 1872
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts, when such opinions are relevant. Illustrations (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that person, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. (b) The question is, whether an obstruction to a harbour is caused by a certain seawall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls began to be obstructed at about the same time, is relevant. View Complete Act List Judgments citing this sectionTitle : Opinion as to Handwriting, when Relevant
State : Central
Year : 1872
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. Explanation.-A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. Illustration The question is, whether a given letter is in the..... View Complete Act List Judgments citing this sectionTitle : Opinion as to Existence of Right or Custom, when Relevant
State : Central
Year : 1872
When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant. Explanation.The expression "general custom or right" includes customs or rights common to any considerable class of persons. Illustration The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section. View Complete Act List Judgments citing this sectionTitle : Opinion as to Usages, Tenets, Etc., when Relevant
State : Central
Year : 1872
When the Court has to form an opinion as to the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation, or the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts. View Complete Act List Judgments citing this sectionTitle : Grounds of Opinion, when Relevant
State : Central
Year : 1872
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. Illustration An expert may give an account of experiments performed by him for the purpose of forming his opinion. View Complete Act List Judgments citing this sectionTitle : In Civil Cases Character to Prove Conduct Imputed, Irrelevant
State : Central
Year : 1872
In civil cases, the fad that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant. View Complete Act List Judgments citing this sectionTitle : In Criminal Cases, Previous Good Character Relevant
State : Central
Year : 1872
In criminal proceedings, the fact that the person accused is of a good character, is relevant. View Complete Act List Judgments citing this sectionTitle : Previous Bad Character Not Relevant, Except in Reply
State : Central
Year : 1872
1 [54. Previous bad character not relevant, except in reply In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.-This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2.-A previous conviction is relevant as evidence of bad character.] _____________________ 1. Substituted by Act 3 of 1891, section 6, for section 54. View Complete Act List Judgments citing this sectionTitle : Fact Judicially Noticeable Need Not Be Proved
State : Central
Year : 1872
No fact of which the Court will take judicial notice need to be proved. View Complete Act List Judgments citing this section