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Home Bare Acts Phrase: provedIndian Evidence Act 1872 Section 104
Title: Burden of Proving Fact to Be Proved to Make Evidence Admissible
State: Central
Year: 1872
The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations (a) A wishes to prove a dying declaration by B. A must prove B's death. (b) A wishes to prove, by secondary evidence, the contents of a lost document. A must prove that the document has been lost.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 222
Title: When Offence Proved Included in Offence Charged
State: Central
Year: 1973
.....separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Illustrations (a) A is charged under section 407 of the Indian Penal Code (45 of 1860) with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said section 406. (b) A is charged under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 3
Title: Facts Which Need Not Be Proved
State: Central
Year: 1872
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 Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public,.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 158
Title: What Matters May Be Proved in Connection with Proved Statement Relevant Under Section 32 or 33
State: Central
Year: 1872
Whenever any statement, relevant under section 32 or 33, is proved, all matters may be proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the person by whom it was made, which might have been proved if that person had been called as a witness and had denied upon cross-examination of the truth the matter suggested.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 73
Title: Comparison of Signature, Writing or Seal with Others Admitted or Proved
State: Central
Year: 1872
In order to ascertain whether a signature, writing, or seal is that of the person by whom it purports to have been written or made, any signature, writing, or seal admitted or proved to the satisfaction of the Court to have been written or made by that person may be compared with the one which is to be proved, although that signature, writing, or seal has not been produced or proved for any other purpose. The Court may direct any person present in court to write any words or figures for the purpose of enabling the Court to compare the words or figures so written with any words or figures alleged to have been written by such person. 1[This section applies also, with any necessary modifications, to finger-impressions. ________________________ 1. Inserted by Act 5 of 1899, section 3.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 106
Title: Burden of Proving Fact Especially Within Knowledge
State: Central
Year: 1872
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 127
Title: Finding Lesser Offence Proved on Charge of Greater Offence
State: Central
Year: 1957
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence although he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he was not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such an offence, although the attempt is not separately charged.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 474
Title: Power to Exclude Creditors Not Proving in Time
State: Central
Year: 1956
The1[Tribunal] may fix a time or times within which creditors are to prove their debts or claims, or to be excluded from the benefit of any distribution made before those debts or claims are proved. _____________________ 1. Substituted by Act 11 of 2003, Section 77, for "Court".
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 63
Title: Right of Creditor Who Has Not Proved Debt Before Declaration of a Dividend
State: Central
Year: 1920
Any creditor who has not proved his debt before the declaration of any dividend or dividends shall be entitled to be paid, out of debt any money for the time being in the hands of the receiver, any of dividend or dividends which he may have failed to receive before at money is applied to the payment of any future dividend or dividends; but he shall not be entitled to disturb the distribution of any dividend declared before his debt was proved by reason that he as not participated therein.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 30
Title: Consideration of Proved Confession Affecting Person Making It and Others Jointly Under Trial for Same Offence
State: Central
Year: 1872
When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who makes such confession. 1 [Explanation.-"Offence", as used in this section, includes the abetment of, or attempt to commit the offence.] Illustrations (a) A and B are jointly tried for the murder of C. It is proved that A said--"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said--"A and I murdered C ". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. _____________________ 1. Inserted by Act 3 of 1891, section 4.
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