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accused action admissible admitted alleged allowed answer appears apply authority bill called cause character charge circumstances civil claim Code common conduct confession contained contract conviction copy course Court criminal custom decree deed defendant document effect English evidence Evidence Act examination execution existence express fact give given Government ground held Illustrations important India instance intention interest issue Judge judgment judicial knowledge land letter Magistrate matter meaning ment mentioned murder nature necessary object observed obtained offence officer opinion oral original particular party person plaintiff Police possession presumed presumption principle prisoner proceedings produced proof proved provisions Queen question reasonable received record reference regard relating relevant relevant fact rent respect rule says Singh statement subsequent sufficient suit taken things tion transaction trial truth unless Vide witness writing written
Page 369 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Page 166 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that 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 355 - There must be reasonable evidence of negligence. But when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care — Scott v.
Page 203 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 516 - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony...
Page 165 - I state the rule of the court correctly, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to bring forward their whole case, and will not, except under special circumstances, permit the same parties to open the same subject of litigation in respect of a matter which might have been...
Page 408 - ... if, whatever a man's real meaning may be, he so conducts himself, that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 327 - The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
Page 186 - We think the inquiry is, first, whether the subjectmatter was so situated as to be within the lawful control of the State under the authority of which the court sits ; and, secondly, whether the sovereign authority of that State has conferred on the court jurisdiction to decide as to the disposition of the thing, and the court has acted within its jurisdiction. If these conditions are fulfilled, the adjudication is conclusive against all the world.
Page xxvi - When one person has, by his declaration, act or omission, intention- Estoppel. ally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.