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Home Bare Acts Phrase: soon beforeIndian 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,.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionIndian Evidence Act 1872 Part 1
Title: Relevancy of Facts
State: Central
Year: 1872
.....the context:- "Court".-Court" includes all Judges1 and Magistrates, 2 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 senses; (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 good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular 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,.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 2
Title: Of the Relevancy of Facts
State: Central
Year: 1872
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts as are hereinafter declared to be relevant, and of no others. Explanation.-This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to civil procedure1 . Illustrations (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. At A's trial the following facts are in issue:- A's beating B with the club; A's causing B's death by such beating; A's intention to cause B's death. (b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies. This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure. _______________________ 1. See now the Code of Civil Procedure, 1908 (5 of 1908) Section 6 - Relevancy of facts forming part of same transaction Facts which, though not.....
View Complete Act List Judgments citing this sectionIndian 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. .....
View Complete Act List Judgments citing this sectionConsumer Protection Act, 1986 Section 31
Title: Rules and Regulations to Be Laid Before Each House of Parliament
State: Central
Year: 1986
.....rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.] __________________________ 1. Substituted by Act 62 of 2002, section 29, for section "31. Laying of rules.-- (1) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. (2) Every rule made by a State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature." (w.e.f. 15-3-2003).
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionChartered Accountants Act, 1949 Section 30B
Title: Rules, Regulations and Notifications to Be Laid Before Parliament
State: Central
Year: 1949
.....previously done under that rule, regulation or notification. ________________________ 1. Inserted by the Delegated Legislation Provisions (Amendment) Act (20 of 1983) Section 2 and Schedule (15-3-1984). 2. Substituted by the Chartered Accountants (Amendment) Act, 2006, dated 22nd March, 2006. Prior to substitution, it read as under:- "130B. Laying of regulations.-- Every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation, or both Houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation."
View Complete Act List Judgments citing this sectionEnergy Conservation Act 2001 Section 59
Title: Rules and Regulations to Be Laid Before Parliament and State Legislature
State: Central
Year: 2001
(1) Every rule made by the Central Government and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (2) Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
View Complete Act List Judgments citing this sectionMinimum Wages Act, 1948 Section 30A
Title: Rules Made by Central Government to Be Laid Before Parliament
State: Central
Year: 1948
1[30A. Rules made by Central Government to be laid before Parliament (1) Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions. and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] 2(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State legislature. ________________________ 1. Added by Act 31 of 1961, section 3 w.e.f. 28-8-1961. 2. Inserted vide Delegated Legislations Amdt Act, 2004
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