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Start Free TrialIndian Evidence Act 1872 Section 60
Title: Oral Evidence Must Be Direct
State: Central
Year: 1872
.....direct; that is to say-- If it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it; If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it; If it refers to a fact which could be perceived by any other sense or in any other manner, it must be the evidence of a witness who says he perceived it by that senseor in that manner; If it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of the person who holds that opinion on those grounds: Provided that the opinions of experts expressed in any treatise commonly offered for sate, and the grounds on which such opinions are held, may be proved by the production of such treatises if the author is dead or cannot be found, or has become incapable of giving evidence, or cannot be called as a witness without an amount of delay or expense which the Court regards as unreasonable: Provided also that, if oral evidence refers to the existence or condition of any material thing other than a document, the Court may, if it thinks fit, require the production of such material thing for its inspection.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 213
Title: When Manner of Committing Offence Must Be Stated
State: Central
Year: 1973
When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner is which the alleged offence was committed as will be sufficient for that purpose. Illustrations (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must be set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with intent to save B from.....
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 109
Title: How Acceptance for Honour Must Be Made
State: Central
Year: 1881
A person desiring to accept for honour must,1[by writing on the bill under hi s hand], declare that he accepts under protest the protested bill for the honour of the dr awer or of a particular indorser whom he names, or generally for honour2[* * *]. _____________________ 1 . Substituted b y Act 2 of 1885 , sec. 8 , for "in the presence of a notary public, sub scribe the bill with hi s own hand, and". 2 . The words "and such declaration must be recorded by the notary in hi s register" omitted by Act 2 of 1885 , sec. 8 .
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 95
Title: Party Receiving Must Transmit Notice of Dishonour
State: Central
Year: 1881
Any party receiving notice of dishonour must, in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable time, unless such party otherwise receives due notice as provided by section 93.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 7
Title: Acceptance Must Be Absolute
State: Central
Year: 1872
In order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 142
Title: When They Must Not Be Asked
State: Central
Year: 1872
Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 8
Title: When Interest Must Attach
State: Central
Year: 1963
(1) The assured must be interested in the subject-matter insured at the time of the loss, though he need not be interested when the insurance is effected : Provided that, where the subject-matter is insured "lost or not lost", the assured may recover although he may not have acquired his interest until after the loss, unless at the time of effecting the contract of insurance the assured was aware of the loss, and the insurer was not. (2) Where the assured has no interest at the time of the loss, he cannot acquire interest by any act or election after he is aware of the loss.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 25
Title: What Policy Must Specify
State: Central
Year: 1963
A marine policy must specify-- (1) the name of the assured, or of some person who effects the insurance on his behalf; (2) the subject-matter insured and the risk insured against; (3) the voyage, or period of time, or both, as the case may be, covered by the insurance; (4) the sum or sums insured; (5) the name or names of the insurer or insurers.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 363
Title: When Unsatisfied Legatee Must First Proceed Against Executor, if Solvent
State: Central
Year: 1925
If the assets were not sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
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