The Law of Evidence Applicable to British India

Front Cover
Thacker, Spink & Company, 1898 - Evidence (Law) - 1092 pages
 

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Contents

SECTIONS PAGE
14
SECTIONS PAGE
53
ADMISSIONS 113130
113
Admission defined
131
Admission
140
SECTIONS PAGE
149
Proof of admissions against persons making them and
155
Confession caused by inducement threat or promise when
163
Confession made to a police officer vot to be proved
171
How much of information received from accused may
177
Confession made after removal of impression caused
186
Admissions not conclusive proof but may estop
204
Relevancy of certain evidence for proving in subsequent
245
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES 261262
261
Relevancy of statements in maps charts and plans
277
Relevancy of statement as to fact of public nature con
284
JUDGMENTS OF Courts OF JUSTICE WHEN RELEVANT 292294
292
Relevancy of certain judgments in probate c jurisdiction
325
Relevancy and effect of judgments orders or decrees
331
Fraud or collusion in obtaining judgment or incompetency
339
Opinions of experts
348
Opinion as to existence of right or custom when relevant
356
Grounds of opinion when relevant
363
CHARACTER WHEN RELEVANT
365
In civil cases character to prove conduct imputed irre
366
Previous bad character not relevant except in reply
373
FACTS WHICH NEED NOT BE PROVED
380
Facts of which Court mist take judicial notice
392
Proof of facts by oral evidence
401
CHAPTER V
407
56
411
Proof of contents of document
417
57
421
Secondary evidence
422
Rules as to notice to produce
429
Proof of signature and handwriting of person alleged
445
Proof of document not required by law to be attested
452
Evidence of terms of contracts grants and other isposi
510
Exclusion of evidence of oral agreement
528
ESTOPPEL
541
Exclusion of evidence to explain or amend ambiguous
560
Exclusion of evidence against application of document
572
Evidence as to meaning of illegible characters c
581
Who may give evidence of agreement varying terms
586
OF THE BURDEN OF PROOF 60205
602
Burden of proving that case of accused comes within
647
Burden of proving death of person known to have
653
Burden of proof as to relationship in the cases of partners
640
Burden of proof as to ownership 656
656
Proof of good faith in transactions where one party is
663
Proof of cession of territory
674
Estoppel
727
Estoppel of acceptor of bill of exchange bailee or licensee
755
CHAPTER 11
769
Who may testify
776
Judges and Magistrates
781
Professional communications
787
Privilege not waived by volunteering evidence
801
Accomplice
807
Number of witnesses
815
Order of production and examination of witnesses
824
Crossexamination of person called to produce a document
839
Evidence as to matters in writing
846
testing veracity
857
Former statemen is of witness may be proved to corrobo
876
Refreshing memory When witness may use copy of document to refresh
880
Production of documents Translation of documents
890
Judges power to put questions or order production
896
Power of jury or assessors to put questions
903
SCHEDULE ENACTMENTS REPEALED
915
OF THE RELEVANCY OF FACTS
1025
Evidence may be given of facts in issue and relevant facts 37
1052
Facts which are the occasion cause or effect of facts in issue 46
1063

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Common terms and phrases

Popular passages

Page 448 - Ireland without proof of the seal or stamp or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same...
Page 281 - Court: secondly, that the judgment of a Court of exclusive jurisdiction directly upon the point, is in like manner conclusive upon the same matter, between the same parties, coming incidentally in question in another Court, for a different purpose. But neither the judgment of a concurrent or exclusive jurisdiction is evidence of any matter which came collaterally in question, though within their jurisdiction, nor of any matter incidentally cognizable, nor of any matter to be inferred by argument...
Page 364 - 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 629 - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.
Page 89 - First, in order to sustain an action of deceit there must be proof of fraud, and nothing short of that will suffice. Secondly, fraud is proved when it is shown that a false representation has been made (1) knowingly, or (2) without belief in its truth, or (3) recklessly, careless whether it be true or false.
Page 523 - In a certain sense every material incident which is added to a written contract varies it, makes it different from what it appeared to be, and so far is inconsistent with it. If by the side of the written contract without, you write the same contract with the added incident, the two would seem to import different obligations, and be different contracts.
Page 281 - ... the judgment of a Court of concurrent jurisdiction, directly upon the point, is, as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 328 - 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 278 - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court.
Page 447 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...

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