Judgment Search Results Home > Cases Phrase: indian evidence act 1872 section 85b presumption as to electronic records and electronic signatures Page 1 of about 469 results (0.125 seconds)

Emperor Vs. Savlimiya Miyabhai

Court : Mumbai

Reported in : (1944)46BOMLR589

..... on the strength of' that evidence that the learned sessions judge brought on record the mamlatdar's evidence before the committing magistrate under section 33 of the indian evidence act, 1872, and he seems to have; done so readily because the defence advocates had no objection to its being brought on the record. ..... other hand, we were quite satisfied that, independently of the evidence improperly admitted, there was sufficient evidence to justify the decision, or, in other words that the prisoners had not been prejudiced by the admission of the illegal evidence, then having regard to the provisions of section 167 of the indian evidence act, 1872, we should not interfere.6. ..... the view taken by the calcutta high court and held that when part of the evidence, which had been allowed to go to the jury, was found to be irrelevant and inadmissible, it was open to the high court in appeal either to uphold the verdict upon the remaining evidence on the record under section 167 of the indian evidence act, or to quash the verdict and order a re-trial. ..... has no doubt referred in his charge to the jury to the consent of the parties as a reason for admitting it in evidence, but, in my opinion, it is far preferable, especially in appealable cases, that the sessions judge or the magistrate should record a separate order giving his reasons for holding that the necessary conditions laid down in section 33 of the indian evidence act have been complied with before such evidence is placed on record. .....

Srimati Nagendra Nandini Dassi Vs. Bhola Nath Khamaru

Court : Kolkata

Reported in : 169Ind.Cas.1002

..... in the result, the decision and the decree against which this appeal was directed, are set aside, and the case is remitted to the court of appeal below for the purpose of rehearing the appeal before it, on evidence already on record, and coming to a fresh decision in accordance with law, in the light of our decision on the question of law arising upon the statutory provisions contained in section 92 of the indian evidence act.18. ..... 570, cited in support of the proposition that evidence to vary the, amount of consideration mentioned in a registered sale-deed is inadmissible, and that if such a course was permissible, the protection afforded by section 92 of the indian evidence act would be completely nullified, is amply supported by the wording of the section itself, and is in consonance with the decision of courts; and we do not see any reason to depart from the salutary rule of evidence adopted in the same. ..... on the position indicated above, the plaintiff wanted to call into her aid, proviso (2) of section 92 of the indian evidence act and prove the existence of a separate oral agreement as to matters on which the sale-deeds were silent, and which were not inconsistent with the terms of those documents. .....

Emperor Vs. Ramchandra Shankarshet Uravane

Court : Mumbai

Reported in : (1933)35BOMLR174

..... 749 where it was held that section 167 of the indian evidence act applied to criminal trials by jury and that when part of the evidence, which has been allowed to go to the jury, is found to be irrelevant and inadmissible, it is open to the high court in appeal either to uphold the verdict upon the remaining evidence on the record or to quash the verdict or to order a re-trial, and that the law as settled in england by the decision in the queen v. ..... if, on the other hand, the evidence is sufficient for conviction, it is not necessary for the court to send the case for re-trial even though there may be misdirection or admission of irrelevant evidence, as the court can accept the verdict of the jury under section 167 of the indian evidence act, unless the court is of opinion that it is difficult to arrive at any conclusion on the evidence and that it is necessary or desirable that a re-trial should be ordered.13. ..... under section 167 of the indian evidence act,the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.7. ..... under section 120 of the indian evidence act the wife of an accused person is a competent witness. .....

Qazi Sharaf Ahmed Vs. Dau Singh

Court : Rajasthan

Reported in : AIR1996Raj227; 1996(2)WLC608; 1996(1)WLN400

..... value of such judgments, decrees or orders are to be examined with reference to other evidence on record subject to mandatory provisions contemplated under section 44 of the indian evidence act.14. ..... in fact for making judgment admissible under section 43 read with section 13(b) of the indian evidence act as a particular instance the date of pronouncement of judgment is a relevant consideration and not the date of filing of the ..... order to appreciate the controversy on hand and to adjudicate the question effectively as formulated in preceding paragraph the provisions of section 43 as well as section 13 of the indian evidence act are quoted below for ready reference:-43 ..... in my humble opinion under section 42 of the indian evidence act the relevancy of judgments, orders or decrees have nexus with the suits which are ordinarily filed either in the representative capacity under order 1, rule 8, cpc with the leave of the court or such suits which are required to be filed with the leave of the court and also with the previous sanction of some appropriate authority as contemplated under sections 91, 92 and 93 of the civil procedure ..... question of general importance is involved in the present revision as to whether two judgments which are not inter-parties arising out of subsequent suits are not receivable in evidence simply because the provisions of section 13(b) of the indian evidence act are in the past tense and these two judgments fall within the ambit of post litem instances.7. .....

Faisal Vs. State of Kerala

Court : Kerala

..... said information furnished by a5, which led to the discovery of the said place and the aforesaid material objects, is clearly admissible in evidence under section 27 of the indian evidence act.97. ..... from the evidence of pw67, it seems that he had complied with all the mandatory formalities contained in section 164 of the code of criminal procedure, in recording ext.p64 statement of ..... according to him, he affixed his signatures in exts.p33 and 34 mahazars, by which the police had seized mo16 knife and mo4 sword, taken and produced by a1 and another accused, who was not present at the time of his examination, from among the bushes and creepers found in the 18th division of the estate of the plantation corporation at ezhattumugham, very near the dam ..... pw76, while working as additional sub inspector of police, hill palace police station, recorded ext.p1 first information statement furnished by pw1, on the basis of which, he registered crime no.330/2003 of the hill palace police station, through ext.p1(a) first information ..... entire statement furnished by the witness was reduced to writing, and the same was recorded in accordance with the provisions crl. ..... after conducting an enquiry regarding the free will of the deponent, he recorded the statement after convincing himself about the voluntary nature of the statement, by questioning the ..... statement of pw38 was recorded under section 164 cr.p.c. ..... 2003, pw61 was working as the scientific assistant, district crime records bureau (dcrb), kochi city. .....

1)p.Veerasamy Vs. V.Soundararajan

Court : Chennai

..... the learned counsel for the appellant/defendants is that the courts below has misunderstood the scope and applicability of section 92 of indian evidence act to the factual aspects of this case and if the oral evidence adduced on the side of the defendants is construed as permissible, then the suit could not ..... that the plea taken by the defendants was beyond the terms of the agreement and that as per section 92 of the indian evidence act, no oral evidence can be admitted which would be contradictory to the terms of the written agreement. ..... learned counsel for the respondent/plaintiff is that the oral evidence adduced by the defendants which would amount to contradicting/varying/adding/ subtracting the terms of the written sale agreement is certainly inadmissible as per the provisions of section 91 and 92 of the indian evidence act and the courts below have rightly applied the law and has arrived at the correct conclusion. ..... considered is whether the evidence adduced by the defendants would be hit by the provisions of section 91 and 92 of the indian evidence act or not. ..... 22.section 92 of the indian evidence act has to be read along with proviso no.1 which speaks about facts invalidating the document; proviso no.2 separate oral agreement as to matters which are silent and not inconsistent with the terms of the document; proviso no.3 separate oral agreement constituting condition precedent to the attaching of any obligation; proviso no.4, distinct subsequent oral agreement to rescind or .....

The Secretary of State for India Vs. Chimanlal Jamnadas

Court : Mumbai

Reported in : (1942)44BOMLR295

..... thakor has relied upon a large number of cases to show that if a person is in possession of a land for a very long time, there is a presumption in his favour under section 110 of the indian evidence act even as against the government, and as a result of that presumption the burden of proof is shifted on to the other side to show that the plaintiffs were not the owners of the land or had no right to the same. ..... but that contention was negatived and it was held that the copy came within the definition of a public document in section 74 as it was a record of the acts of a public officer, and it was relevant under section 35 or at any rate section 13 of the indian evidence act. ..... he holds that the original index register, meaning thereby the index register from which these printed copies have been made, is a public record and therefore governed by section 35 of the indian evidence act, but the printed copies of the general index, which are produced in this case, are not admissible because they are not properly proved as secondary evidence of the original general index. ..... but unless it is proved that it is a public document and not merely a record copy for the private use of government officers, it cannot be admitted in evidence as a public document under section 74 of the indian evidence act. ..... the copy filed in court does not bear any official seal, or signature, but the government officer, who produced the copy with the original index, deposed that it was an old government record. .....

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

..... be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the indian evidence act, 1872, or to affect the provisions of section 27 of that act.it bars the use of any statement made before a police officer in the course of an investigation under chapter xii, whether recorded in a police dairy or otherwise, but by the express terms of section, this bar is applicable only were such statement is sought to be used 'at any inquiry or trial in respect of any offence under investigation at the time when ..... to refresh his memory or if the criminal court uses it for the purpose of contradicting such police officer in the inquiry or trial, the provisions of section 145, as the case may be, of the indian evidence act would apply and the accused would be entitled to see the particular entry in the case diary which has been referred to for either of these purposes and so much of the diary as in the opinion of the court is necessary to a full understanding of the particular entry so used. ..... in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining .....

Jadavkumar Liladhar Mainthia Vs. Pushpabai Mainthia Nee.

Court : Mumbai

Reported in : AIR1944Bom29; (1943)45BOMLR924

..... says that he is not in a position to call this brahmin and he tenders this document under section 32, sub-clause (5), of the indian evidence act, 1872. ..... it has been contended by sir jamshedji kanga that under section 32 of the indian evidence act only statements of relevant facts are made admissible and not statements of facts in issue, and it is urged that this particular statement is of a fact in issue and not of a relevant fact, because the question whether the ceremonies were performed or not has been directly put in ..... that would not be a statement of a relevant fact but of a fact directly in issue because the cause of the death is a fact in issue in a trial for murder of the person against whom the statement is sought to be used, and one of the illustrations to section 5 of the indian evidence act itself says that such a fact is a fact in issue. ..... therefore, hold that the plaintiff has not satisfied me that this particular witness cannot be found as required by section 32 of the indian evidence act, and, therefore, any evidence of a statement made by him under sub-clause (5) of that section would not be relevant.5. ..... jamshedji kanga, therefore, argues that the indian evidence act only permits hearsay evidence to be given under section 32 of statements of relevant facts and not of statements of facts in issue ..... the advocate general, conceded at the bar that the lower court was wrong in taking evidence in the manner it did and the procedure adopted in recording evidence was irregular. .....

Bhogilal Bhikachand Vs. the Royal Insurance Company, Limited

Court : Mumbai

Reported in : (1928)30BOMLR818

..... sections 153 and 165 of the indian evidence act, 1872 must be strictly construed and narrowly interpreted if the courts governed by that statute are to be spared the task in many suits of prosecuting, on most imperfect material, issues, which have no bearing upon that really in contest between the parties.semble, section 158 of the indian evidence act is in accordance with the opinions of the judges in the case of attorney-general v. ..... 91.where, in order to corroborate a witness, a letter written by him was tendered and received in evidence under section 137 of the indian evidence act, the judicial committee, in holding that, under the circumstances, the letter was not properly receivable for any purpose, made the following pertinent observations;. ..... sections 158 and 155 of the indian evidence act must, in their lordships' judgment, be strictly construed and narrowly interpreted if the courts governed by that statute are to be spared task in many suits of prosecuting, on most imperfect material, issues, which have no bearing upon that really in contest between the parties. ..... this letter was tendered and received under section 157 of the lord indian evidence act. ..... ] when the case for the respondents was reached, they sought to contradict all these denials of mehta by substantive evidence, adduced under section 155(3) of the indian evidence act. .....