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Start Free TrialIndian Contract Act, 1872 Section 58
Title: Alternative Promise, One Branch Being Illegal
State: Central
Year: 1872
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. Illustration A and B agree that A shall pay B 1,000 rupees for which B shall afterwards deliver to A either rice or smuggled opium. This is a valid contract to deliver rice, and a void agreement as to the opium.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 58
Title: Facts Admitted Need Not Be Proved
State: Central
Year: 1872
No fact need to be proved in any proceeding which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands, or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings: Provided that the court may, in its discretion, require the facts admitted to be proved otherwise than by such admission.
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 58
Title: Indian Christians to Be Made to Understand Declarations
State: Central
Year: 1872
When any {Subs. by the A.O.1950, for " Native ".} [Indian] Christian is married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether such {Subs. by the A.O.1950, for " Native ".}[Indian] Christian understands the English language, and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such {Subs. by the A.O.1950, for " Native ".} [Indian] Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 11
Title: When Facts Not Otherwise Relevant Become Relevant
State: Central
Year: 1872
Facts not otherwise relevant are relevant (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations (a) The question is whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. (b) The question is, whether A committed a crime. The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which shows that the crime could have been committed by none else and that it was not committed by either B, C or D is relevant.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 19
Title: Admissions by Persons Whose Position Must Be Proved as Against Party to Suit
State: Central
Year: 1872
Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A denies that rent was due from C to B. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, IS A denies that C did owe rent to B.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 18
Title: Admission by Party to Proceeding or His Agent by Suitor in Representative Character
State: Central
Year: 1872
Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in representative character. Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Statements made by (1) party interested in subject-matter.persons who have any proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the statement in their character of persons so interested, or (2) person from whom interest derived.persons from whom the parties to the suit have derived their interest in the subject-matter of the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 16
Title: Existence of Course of Business when Relevant
State: Central
Year: 1872
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations (a) The question is, whether a particular letter was despatched. The fact that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant. (b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Dead Letter Office, are relevant.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 13
Title: Facts Relevant when Right or Custom is in Question
State: Central
Year: 1872
Where the question is as to the existence of any right or custom, the following facts are relevant: (a) any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence; (b) particular instances in which the right or custom was claimed, recognized, or exercised or in which its exercise was disputed, asserted or departed from. Illustration The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours are relevant facts.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 12
Title: In Suits for Damages, Facts Tending to Enable Court to Determine Amount Are Relevant
State: Central
Year: 1872
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 10
Title: Things Said or Done by Conspirator in Reference to Common Design
State: Central
Year: 1872
.....of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing that any such person was a party to it. Illustration Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the 1 [Government of India]. The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence of the conspiracy, and to prove A's complicity in it, although he may have been ignorant of all of them, and although the persons by whom they were done were stranger to him, and although they may have taken place before he joined the conspiracy or after.....
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