The Law of Evidence Applicable to British India

Front Cover
Thacker, Spink & Company, 1907 - Evidence (Law) - 924 pages
 

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Contents

PAGE
lxxxv
59
lxxxvii
BIBLIOGRAPHY OF THE LAW OF EVIDENCE
xci
Birj Mohan v Ram Nursingh 657
xciii
ADDITIONS AND CORRECTIONS
xcviii
Chunder kant v Brojo Nath 445
c
Chundernath Roy v Kooer Gobind
8
Birch
9
Lamb
53
139
64
Sonabai
66
136
82
THE INDIAN EVIDENCE
1
214
3
PRESUMPTIONS AS TO DOCUMENTS
6
213
16
CHAPTER II
25
Tayler
26
517
36
322
38
Bryan
50
In civil cases character to prove conduct imputed irrelevant
52
808
55
Malhar 598 711
61
Evidence may he given of facts in issue and relevant facts
62
Fleming
73
Att Genl 220 286
89
Hyder Hossein 616
96
Chunni Kuar v Rup Singh 586
97
Sheikh Imdad v Musst Koothy
98
Hill 103
103
ADMISSIONS
107
Mallory 30 45 48 49 111 139
111
Asiruddin Ahmed v R 568
112
Admission defined
118
Cooper
120
Mullick
121
Admission
125
Obhoy Chunder 630
126
Morris
134
Manning and Wife
150
Mathews
162
Hunter
172
Mathura Prasad 245
176
Bishnath Chowdhry v Radha Churn 554
178
PAGE
184
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
190
Relevancy of certain evidence for proving in subsequent proceeding
197
Mead
199
Willison
200
Hendricks
211
Ashe
232
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
236
Lukhee Narain 547
244
Abdul Hamid v Kiran Chandra
255
HOW MUCH OF A STATEMENT IS TO BE PROVED
263
Baggalay
277
Relevancy of certain judgments in probate c jurisdiction
278
Carrel
280
Bishonath Neoghy v Huro Gobind
284
OPINIONS OF THIRD PERSONS WHEN RELEVANT
293
Brindabun Chowdhrain v Radhica
295
Meher Ali 108 162 294
308
Pezzey
320
Character as affecting damagse
322
Bazalgette
323
R r Michael Stokes
327
Dacres
331
PART III
333
Att Genl of N S W v Bertrand 33 724
345
Grey
347
Millen
349
Bhairo Prasad
351
CHAPTER IV
354
Sheo Shurn v Ram Khelawan 121
359
CHAPTER V
366
Ross
374
Stevenson 380
380
Sreemutty Gour v Huree Kishore
381
Mills
382
Abdalla Paru v Gannibai 202
395
Rumsey
398
Hudson
399
Sreemutty Phoonee v Gobind
403
PUBLIC DOCUMENTS
406
Public documents
416
Misser Sheikh 151
421
Cormickan
439
CHAPTER VI
447
Mogg
448
Balkishen Das v Legge 450
450
Evidence
453
Pitt
456
Balmakundas Atmaram v Moti
459
Bal Mookand v Jirjudhun Roy 23
534
Abdul Rahim v Madhayrao Apaji 660
535
OF THE BURDEN OF PROOF
536
Bissesgur Das v Smidt
537
Bisson ath Binda v Dayaram Jana 401
546
Actaon
549
Brojo Mohun v Radha Koomaree
555
Avery o Bowden
564
Becher
569
Burden of proving fact especially within knowledge
572
Brojo Sunderv Koylash Chunder
573
Kinnaird 90 94 692
581
Proof of good faith in transactions where one party is in relation of active
584
Steel
586
Murray
589
Aylesford Peerage case
593
Sitanath Dass v Mohesh Chunder 232
594
Sitapathi Nayudu v
604
Lloyd
607
Banee Madhub v Bhaggobutty
611
Admr Genl of Madras V Ananda
618
Bank of United States v Dan
625
Ram Sebuk 187 188
628
Sita Ram v Zalim Singh 550 551
631
Senaravji
635
Sivanananja Perumal v Athilakshmi
637
Sree Sankarachari v Varada Pillai
639
G N Ry
640
Estoppel
643
Bapuji Bolal v Sytabhamabhai
645
Sri Gonesh v Keshayrav Govind
649
Westlike
654
Sri Gonesh v Keshayrao 279 280
658
Siva Ram v Ali Baksh 661
661
Sladen in
667
Estoppel of tenant and of licensee of person in possession
671
Estoppel of acceptor of bill of exchange bailee or licensee 642
672
Barlow v Wiggins
673
Rayner
674
Sristeedhur Saurent v Ramanath
675
Stewart
682
Blake
683
687
684
Who may testiiy
685
Judges and Magistrates 122 Communications during marriage
687
Metropolitan Board
689
Evidence as to affairs of State
692
Official communications
693
Information as to commission of offences 126 Professional communications
697
Section 126 to apply to interpreters
705
Jarratt
706
Witness not excused from answering on ground that answer will criminate Proviso
708
Accomplice
711
Mohima Chundra 713
712
Number of witnesses
719
CHAPTER X
720
Murlis
725
726
727
red OF THE EXAMINATION OF WITNESS ES 135 Order of production and examination of witnesses 136 Judge to decide as to admissibility of ev...
729
587
736
Budree Lall v Bhoogee Khan 421 423
739
Order of examinations Direction of reexamination
743
Crossexamination of person called to produce a document 140 Witnesses to character
744
Leading questions
747
When they must not be asked 143 When they may be asked 144 Evidence as to matters in writing 145 Crossexamination as to previous statements in ...
749
Question not to be asked without reasonable grounds 150 Procedure of Court in case of question being asked without reasonable grounds
756
Indecent and scandalous questions 152 Questions intended to insult or annoy 153 Exclusion of evidence to contradict answers to questions testing ve...
771
W LE 729 744 744 745 745 745
777
38
787
CHAPTER XI
796
Spencer v Beckett
797
749
799
APPENDIX
809
A Places to which the Act has been applied
860
c Registration
866
97
875
Birth during marriage conclusive proof of legitimacy
880
36
882
750
885
707
886
753
887
Cairncross u Lorimer
888
296
891
Facts bearing upon opinions of experts
894
619
898
Doorga Pershad v Kesho Pershad 552 Ede v Kantho Nath
902
574
903
519
905
584
909
Proof of other official documents
914
595
915
619
920
765
923

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Common terms and phrases

Popular passages

Page 340 - The laws of nature, the measure of time, and the geographical divisions and political history of the world. In all these cases the court may resort for its aid to appropriate books or documents of reference.
Page 91 - There must be a misstatement of an existing fact: but the state of a man's mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man's mind at a particular time is, but if it can be ascertained it is as much a fact as anything else. A misrepresentation as to the state of a man's mind is, therefore, a misstatement of fact.
Page 225 - ... when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the Court considers unreasonable...
Page 300 - On the one hand, it appears to be admitted that the opinions of witnesses possessing peculiar skill is admissible, whenever the subject matter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance.
Page 188 - ... against him ; but we think, that he is at liberty to prove that such admissions were mistaken, or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that transaction; but as to third persons he is not bound.
Page 95 - On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it inadmissible if it be relevant to an issue before the jury, and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused.
Page 427 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 297 - A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.
Page 4 - By satisfactory evidence, which is sometimes called sufficient evidence, is intended that amount of proof which ordinarily satisfies an unprejudiced mind beyond reasonable doubt. The circumstances which will amount to this degree of proof can never be previously defined; the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man; and so to convince him that he would venture to act upon that conviction, in matters of the highest concern...
Page 413 - The acts of the executive, or the proceedings of the legislature of a sister state, in the same manner; 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...

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