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Start Free TrialIndian Contract Act, 1872 Preamble
Title: The Indian Contract Act, 1872
State: Central
Year: 1872
THE INDIAN CONTRACT ACT, 1872 [Act, No. 9 OF 1872]1 [25th April, 1872] PREAMBLE Whereas it is expedient to define and amend certain parts of the law relating to contracts; It is hereby enacted as follows:-- ______________________ 1. The Chapters and sections of the Transfer of Property Act, 1882 (4 of 1882), which relate to contracts are, in places in which that Acts, is in force, to be taken as part of this Act-See Act 4 of 1882, section 4. This Act has been extended to and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963, section 2 and Schedule I (w.e.f. 1-7-1965),to Goa, Daman and Diu by Regulation 11 of 1963, section 3 and Schedule,to the whole of the Union Territory of Lakshadweepby Regulation 8 of 1965, section 3 and Schedule, to the Union Territory of Poundicherry by Act 26 of 1968, section 3 and Schedule. The Act has been extended to and brought into force in the State of Sikkim (w.e.f. 1-9-1984) vide S.O. 641 (E), published in the Gazette of India, Extra., Pt. II, Section 3(ii), dated 24th August, 1984.
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 Section 32
Title: Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant
State: Central
Year: 1872
.....procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 45
Title: Opinions of Experts
State: Central
Year: 1872
.....commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons are relevant. _____________________ 1. Inserted by Act 5 of 1899, section 3. For discussion in Council as to whether "finger impressions" include "thumb impressions". See Gazette of India, 1898, Pt. VI, p. 24. 2. Inserted by Act 18 of 1872, section 4.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 54
Title: Previous Bad Character Not Relevant, Except in Reply
State: Central
Year: 1872
1 [54. Previous bad character not relevant, except in reply In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Explanation 1.-This section does not apply to cases in which the bad character of any person is itself a fact in issue. Explanation 2.-A previous conviction is relevant as evidence of bad character.] _____________________ 1. Substituted by Act 3 of 1891, section 6, for section 54.
View Complete Act List Judgments citing this sectionIndian 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.....
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 57
Title: Facts of Which Court Must Take Judicial Notice
State: Central
Year: 1872
.....The accession to office, names, titles, functions and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in 10 [any Official Gazette]; (8) The existence, title and national flag of every State or Sovereign recognized by 11 [the Government of India]; (9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (10) The territories under the dominion of 11 [the Government of India]; (11) The commencement, continuance, and termination of hostilities between 11 [the Government of India] and any other State of body of persons; (12) The names of the members and officers of the Court and of their deputies and subordinate officers and assistants, and also of all officers acting in execution of its process, and of or all advocates, attorneys, proctors, vakils pleaders and other persons authorized by law to appear or act before it; (13) The rule of the road 12 [on land or at sea]. In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its.....
View Complete Act List Judgments citing this sectionIndian 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 Section 66
Title: Rules as to Notice to Produce
State: Central
Year: 1872
.....other case in which the Court thinks fit to dispense with it:-- (1) when the document to be proved is itself a notice; (2) when, from the nature of the case, the adverse party must know that he will be required to produce it; (3) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (4) when the adverse party or his agent has the original in Court; (5) when the adverse party or his agent has admitted the loss of the document; (6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court. _____________________ 1. Inserted by Act 18 of 1872, section 6.
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