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Home Bare Acts Phrase: judgment proofIndian Evidence Act 1872 Complete Act
Title: Indian Evidence Act 1872
State: Central
Year: 1872
..... Section2 - Repeal of enactments Section3 - Interpretation clause Section4 - "May presume" Chapter 2 Section5 - Evidence may be given of facts in issue and relevant facts Section6 - Relevancy of facts forming part of same transaction Section7 - Facts which are the occasion, cause or effect of facts in issue Section8 - Motive, preparation and previous or subsequent conduct Section9 - Facts necessary to explain or introduce relevant facts Section10 - Things said or done by conspirator in reference to common design Section11 - When facts not otherwise relevant become relevant Section12 - In suits for damages, facts tending to enable Court to determine amount are relevant Section13 - Facts relevant when right or custom is in question Section14 - Facts showing existence of state of mind, or of body or bodily feeling Section15 - Facts bearing on question whether act was accidental or intentional Section16 - Existence of course of business when relevant Section17 - Admission defined Section18 - Admission by party to proceeding or his agent by suitor in representative character Section19 - Admissions by persons whose position must be proved as against party to.....
List Judgments citing this sectionIndian Evidence Act 1872 Part 3
Title: Production and Effect of Evidence
State: Central
Year: 1872
.....PROOF Section 101 - Burden of proof 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 if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. .....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 7
Title: Of the Burden of Proof
State: Central
Year: 1872
.....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 if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 41
Title: Relevancy of Certain Judgments in Probate, Etc., Jurisdiction
State: Central
Year: 1872
.....came into operation; that any legal character, to which it declares any such person to be entitled, accrued, to that person at the time when such judgment, 1 [order or decree] declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, 1 [order or decree] declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, 1 [order or decree] declares that it had been or should be his property. ________________ 1. Inserted by Act 18 of 1872, section 3.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 42
Title: Relevancy and Effect of Judgments, Orders or Decrees, Other Than Those Mentioned in Section 41
State: Central
Year: 1872
Judgments, orders or decrees other than those mentioned in section 41, are relevant if they relate to matters of a public nature relevant to the enquiry, but such judgments, orders or decrees are not conclusive proof of that which they state. Illustration A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies. The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land in which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of way exists.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 101
Title: 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.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 43
Title: Judgments, Etc., Other Than Those Mentioned in Sections 40 to 42, when Relevant
State: Central
Year: 1872
.....orders or decrees, other than those mentioned in sections 40, 41 and 42 are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provisions of this Act. Illustrations (a) A and B separately sue C for a libel which reflects upon each of them. C in each case says, that the matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case, or in neither. A obtains a decree against C for damages on the ground that C failed to make out his justification. The fact is irrelevant as between B and C. (b) A prosecutes B for adultery with C, A's wife. B denies that C is A's wife, but the court convicts B of adultery. Afterwards, C is prosecuted for bigamy in marrying B during A's lifetime. C says that she never was A's wife. The judgment against B is irrelevant as against C. (c) A prosecutes B for stealing a cow from him, B, is convicted. A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and C, the judgment against B is irrelevant. (d) A has obtained a decree for the possession of land against B, C, B's son, murders A in.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 40
Title: Previous Judgments Relevant to Bar a Second Suit or Trial
State: Central
Year: 1872
The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 44
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 sectionIndian Evidence Act 1872 Part 2
Title: On Proof
State: Central
Year: 1872
Chapter 3 - FACTS WHICH NEED NOT BE PROVED Section 56 - Fact judicially noticeable need not be proved No fact of which the Court will take judicial notice need to be proved. Section 57 - Facts of which Court must take judicial notice The Court shall take judicial notice of the following facts:- 1 [(1) All laws in force in the territory of India;] (2) All public Acts passed or hereafter to be passed by Parliament 1 [of the United Kingdom] and all local and personal Acts directed by Parliament 2 [of the United Kingdom] to be judicially noticed; (3) Articles of War for 3 [the Indian] Army 4 [Navy or Air Force]; 5 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the States;] (5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial notice : the seals of all the 6 [Courts in 7 [India] and all Courts out of 5 [India] established by the authority of 8 [the Central Government or the.....
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