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Home Dictionary Name: proof Page: 2 Page 2 of about 1,034 results (0.002 seconds)Parol evidence
Parol evidence, testimony by the mouth of a witness. It is a general rule that oral evidence cannot be substituted for a written instrument, where the latter is required by law, or to give effect to a written instrument, defective in any particular essential to its validity; nor contradict, alter, or vary a written instrument, required by law, or agreed upon by the parties, as the authentic memorial of the facts which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases the parol evidence does not usurp the place of written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect.The general rule with regard to the admission of pa...
Secondary evidence
Secondary evidence, Secondary evidence means and includes:(1) Certified copies given under the provisions hereinafter contained;(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;(3) Copies made from or compared with the original;(4) Counterparts of documents as against the parties who did not execute them;(5) Oral accounts of the contents of a document given by some person who has himself seen it. [Evidence Act, 1872 (1 of 1872), s. 63]That species of proof which is admitted on the loss of primary evidence. There are no degrees of this evidence; for example, if a letter be lost it may be as good as recite it from memory as to produce a copy. It is the province of the judge to decide whether a document produced be original or not, and until he decides it is not, no secondary evidence can be put in. See NOTICE TO ADMIT; NOTICE TO PRODUCE; HEARSAY....
Sufficiency of evidence
Sufficiency of evidence, postulates existence of some evidence which links the charged officer with the misconduct alleged against him. Evidence, however, voluminous it may be, which is neither relevant in abroad sense nor establishes any nexus between the alleged misconduct and the charged officer, is no evidence in law. The mere fact that the enquiry officer has noted in his report, 'in view of oral, documentary and circumstantial evidence as adduced in the enquiry', would not in principle satisfy the rule of sufficiently of evidence, Sher Bahadur v. Union of India, AIR 2002 SC 3030 (3031): (2002) 7 SCC 142. [Railway Services (Conduct) Rules, 1966, R. 3(1)(i)(ii) & (iii) Railway Servants (D&A) Rules, 1968 R. 6(vii) to (ix)]...
Conclusive evidence and conclusive proof
Conclusive evidence and conclusive proof, There is thus no difference between the effect of the expression 'conclusive evidence' from that of 'conclusive proof' the aim of both being to give finality to the establishment of the existence of a fact from the proof of another, Somawanti v. State of Punjab, AIR 1963 SC 151 (159): (1963) 3 SCR 774. [Land Acquistion Act (10 of 1894), s. 6(3)]...
Criminal Evidence Act
Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expr...
Hearsay evidence
Hearsay evidence. It is a general principle in the law of evidence that if any fact is to be proved against anyone, it ought to be proved in his presence by the testimony of a witness sworn to speak the truth; and the reason of the rule is, that the person who is to be affected by the evidence ought to have an opportunity of interrogating the witness as to his means of knowledge, and concerning all the particulars of his statement. Hearsay evidence (whether spoken or written) of a fact, therefore, is not admissible. And this rule is extended to affidavits, which, except on interlocutory motions, when statements as to belief with the grounds thereof are admissible, must be confined to facts which the deponent can prove of his own knowledge [(English) R.S.C. 1883, Ord. XXXVIII.,r. 3].Among the exceptions to the general rule as to the inadmissibility of hearsay evidence are the follow-ing: (1) dying declarations; (2) hearsay in questions of pedigree; (3) hearsay on questions of public rig...
May be accepted as evidence
May be accepted as evidence, indicate that there is no compulsion on the court to accept such transaction as evidence, but it is open to the court to treat them as evidence. Merely accepting them as evidence does not mean that the court is bound to treat them as reliable evidence, Land Acquisition Officer & Mandal Revenue Officer v. V. Narasaiah, (2001) 3 SCC 530....
Weight of evidence
Weight of evidence, such superiority in the evidence for one side over that for the other as calls for a verdict for the first. When a new trial is asked for on the ground that the verdict is against the weight of the evidence, the judge who tried the cause is consulted, and it does not very often happen that a new trial is ordered if he reports that he is satisfied with the verdict (R.S.C. Ord. XXXIX., r. 6, and notes thereto in Annual Practice).The persuasiveness of some evidence in comparison with other evidence, Black's Law Dictionary, 7th Edn., p. 1588....
informal proof of claim
informal proof of claim :a writing by a creditor that contains a demand for payment of a debt and an intention to hold the debtor's bankruptcy estate liable but that is not in the form prescribed in the Bankruptcy Code for proofs of claim NOTE: If an informal proof of claim is filed with the bankruptcy court within the time allowed for filing proofs of claim, the court may allow the creditor to file a proof of claim in its correct form and consider it as having been filed on the date that the informal proof of claim was filed. ...
Evidence
That which makes evident or manifest that which furnishes or tends to furnish proof any mode of proof the ground of belief or judgement as the evidence of our senses evidence of the truth or falsehood of a statement...
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