Bare Act Search Results

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....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, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Evidence Act 1872 Part 2

Title: On Proof

State: Central

Year: 1872

.....the facts admitted to be proved otherwise than by such admission. INDIAN EVIDENCE ACT 1872Chapter 4 - OF ORAL EVIDENCE Section 59 - Proof of facts by oral evidence All facts, except the 1 [contents of documents or electronic records], may be proved by oral evidence. _____________________ 1. Substituted by Act 21 of 2000, section 92 and Schedule II, for "contents of documents" (w.e.f. 17-10-2000). Section 60 - Oral evidence must be direct Oral evidence must, in all cases whatever, be 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.....

Indian Evidence Act 1872 Chapter 5

Title: Of Documentary Evidence

State: Central

Year: 1872

.....may be, of the Crown Representative]; (2) The proceedings of the Legislatures,-- by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed3[by order of the Government concerned]; (3) Proclamations, orders or regulations issued by4[Her Majesty] or by the Privy Council, or by any department of4[Her Majesty's] Government,- by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's printer; (4) the acts of the Executive or the proceedings of the Legislature of a foreign country,-- by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5[Central Act]; (5) The proceedings of a municipal body in6[a State], by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (6) Public documents of any other class in a foreign country,-- by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary.....

Indian Evidence Act 1872 Section 71

Title: Proof when Attesting Witness Denies the Execution

State: Central

Year: 1872

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....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 Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Indian Evidence Act 1872 Chapter 10

Title: Of the Examination of Witnesses

State: Central

Year: 1872

.....by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Section 140 - Witnesses to character Witnesses to character may be cross-examined and re-examined. Section 141 - Leading questions Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question. Section 142 - When they must not be asked 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. Section 143 - When they may be asked Leading questions may be asked in cross-examination. Section 144 - Evidence as to matters in writing Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the.....

Indian Evidence Act 1872 Section 160

Title: Testimony to Facts Stated in Document Mentioned in Section 159

State: Central

Year: 1872

A witness may also testify to facts mentioned in any such document as is mentioned in section 159, although he has no specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the document. Illustration A book-keeper may testify to facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transaction entered.