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Start Free TrialIndian 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.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 6
Title: Of the Exclusion of Oral or Documentary Evidence
State: Central
Year: 1872
.....is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. _________________________ 1. Where, however, a criminal court finds that a confession or other statements or an accused person has not been recorded in the manner prescribed, evidence may be taken that the recorded statement was duly made see the Code or Criminal Procedure, 1973 (Act 2 of 1974), section, 463. 2. Substituted by Act 18 of 1872, section 7, for "under the Indian Succession Act". 3. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". Section 92 - Exclusion of evidence of oral agreement When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document have been proved according to the.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Complete Act
Title: Indian Evidence Act 1872
State: Central
Year: 1872
.....presume" Chapter 2 Section5 - Evidence may be given of facts in issue and relevant facts Section6 - Relevancy of facts forming part of same transaction Section7 - Facts which are the occasion, cause or effect of facts in issue Section8 - Motive, preparation and previous or subsequent conduct Section9 - Facts necessary to explain or introduce relevant facts Section10 - Things said or done by conspirator in reference to common design Section11 - When facts not otherwise relevant become relevant Section12 - In suits for damages, facts tending to enable Court to determine amount are relevant Section13 - Facts relevant when right or custom is in question Section14 - Facts showing existence of state of mind, or of body or bodily feeling Section15 - Facts bearing on question whether act was accidental or intentional Section16 - Existence of course of business when relevant Section17 - Admission defined Section18 - Admission by party to proceeding or his agent by suitor in representative character Section19 - Admissions by persons whose position must be proved as against party to suit Section20 - Admissions by persons expressly referred to by party to suit Section21 -.....
List Judgments citing this sectionIndian Evidence Act 1872 Section 144
Title: Evidence as to Matters in Writing
State: Central
Year: 1872
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 opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it. Explanation.--A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts. Illustration The question is, whether A assaulted B. C deposes that he heard A say to D-- "B wrote a letter accusing me of theft, and I will be revenged on him". This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 5
Title: Evidence May Be Given of Facts in Issue and Relevant 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)
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 91
Title: Evidence of Terms of Contracts, Grants and Other Dispositions of Property Reduced to Form of Document
State: Central
Year: 1872
.....2.-Where there are more originals than one, one original only need be proved. Explanation 3.-The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. _________________________ 1. Where, however, a criminal court finds that a confession or other statements or an accused person has not been recorded in the manner prescribed, evidence may be.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 65
Title: Cases in Which Secondary Evidence Relating to Documents May Be Given
State: Central
Year: 1872
.....within the meaning of section 74; (f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in1[India] to be given in evidence2; (g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents. ________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. Cf. the Bankers' Books Evidence Act, 1891 (18 of 1891), section 4.
View Complete Act List Judgments citing this sectionIndian 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 sectionIndian Evidence Act 1872 Section 136
Title: Judge to Decide as to Admissibility of Evidence
State: Central
Year: 1872
When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise. If the fact proposed to be proved is one of which evidence is admissible only upon proof of some other fact, such last-mentioned fact must be proved before evidence is given of the fact first mentioned, unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking. If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved, or require evidence to be given of the second fact before evidence is given of the first fact. Illustrations (a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which statement is relevant under section 32. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given.....
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