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Indian 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. .....

Indian 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.....

Indian Evidence Act 1872 Section 114

Title: Court May Presume Existence of Certain Facts

State: Central

Year: 1872

.....to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume (a) That a man who is in possession of stolen goods soon after the theft is either the theft or has received the goods knowing them to be stolen, unless he can account for his possession; (b) That an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) That a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) That a thing or stale of things which has been shown to be in existence within a period shorter than that within which such things or slate of things usually cease to exist, is still in existence; (e) That judicial and official acts have been regularly performed. (f) That the common course of business has been followed in particular cases; (g) That evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....appears from the context- "Court"- includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. "Fact" " "Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the sense; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in goods faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars sensation, is a fact. (e) That a man has a certain reputation is a fact. "Relevant" " One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence,.....

The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....Court of Justice (including a liquidator, receiver or Commissioner) whose duty is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process, or to a administrator any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth--Every juryman, assessor, or member of a Panchayat assisting a Court of Justice or public servant; Sixth--Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh--Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; Eighth--Every officer of the Government, whose duty it is, as such officer, to prevent offences, to give information of offences, to being offenders to justice, or to protect the public health, safety or convenience; Ninth--Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of.....

Himachal Pradesh Infrastructure Development Act, 2001 Complete Act

State: Himachal

Year: 2001

.....With Board The Board may associate with itself any person whose assistance or advise is required in performing any of its functions under this Act. Section 10 - Constitution of Committees The Board may constitute an Executive Committee and such other committees consisting of such members for performing such of its functions, as may be provided by regulations. Section 11 - Powers of Chairperson, Chief Executive Officer and Committees The Chairperson, Chief Executive Officer and Committees of the Board shall exercise such powers as may be provided by regulations. Section 12 - Appointment of Officers and Other Employees of The Board (1) The Board may appoint such officers and other employees, as it may consider necessary for the efficient discharge of its functions. (2) The mode of recruitment, salary and allowances and other conditions of service of officers and other employees of the Board shall be provided by regulations. Section 13 - Acts And Proceedings Of Board Presumed to Be Valid No act or proceeding of the Board or of any of its committees shall be valid merely by reason of- a) any vacancy therein or any defect in the constitution thereof, or b) any irregularity in.....

Maharashtra Horticulture Development Corporation Act, 1984 Complete Act

State: Maharashtra

Year: 1984

.....for being chosen as, and for being, a authority or any committee, board, or body of such Legislature or authority, merely by reason of the fact that he is a member of the Corporation or any of its committees. SECTION 10: PROVISION FOR INVITING OFFICERS OF GOVERNMENT AND LOCAL AUTHORITY ETC., TO ASSIST OR TO ADVISE (1) The Corporation or any of its committee may invite any officer of the Central Government, any State Government, any local authority or any organisation to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The officer so invited may take part in the proceedings, but shall have no right to vote. (2) The officer so invited shall be entitled to draw such honorarium or compensatory allowance for the purpose of meeting the personal expenditure in attending the meetings of the Corporation or any of its committees as the Corporation may determine from time to time. SECTION 11: FILLING UP OF CASUAL VACANCY OF MEMBER Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made originally. SECTION 12: MEMBERS.....

The Sikkim Panghayat Act, 1993 Complete Act

State: Sikkim

Year: 1993

.....illegal expenditure, appeals to the State Government under this section, the State government shall set aside such large if it is proved to its satisfaction that such person voted for the resolution or motion in good faith. 94. (1) The sum certified by the auditor to be due from any person under section 92 or when an appeal is made under sub-section (1) of section 93, such sum as may be' ordered by the State Government to be due from such person shall, within two months of the date of certification, or-order, as the case may be, be paid by such person to the Gram Panchayat or the Zilla Panchayat concerned which 'shall credit the sum to the Fund of the Gram Panchayat or the Zilla Panchayat concerned. (2) Any sum not paid in accordance with the provisions of sub-section (1) shall be recoverable and arrears of land revenue if the Gram Panchayat or the Zilla Panchayat, as the case may, passes a resolution to that effect and communicates it to the District Collector. (3) The District Collector on' receipt of such communication under sub-section (2) and on being satisfied with the demand, shall proceed to recover it as soon as may be and the sum 'so recovered by him shall be sent.....