The Indian Evidence Act, No. I of 1872: As Amended by Act No. XVIII of 1872 ...

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Mukhurji, 1896 - 693 pages
 

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Contents

Statements in lawbooks How much of a statement is to be proved
38
What evidence to be given when statement forms part of a conversation document book or series of letters or papers Judgments of Courts of Justice ...
39
Previous judgments relevant to bar a second suit or trial
40
Judgments in probate matrimonial admiralty or insolvency jurisdiction
41
Judgments relating to public matters
42
Other judgments not relevant
43
Fraud collusion or incompetency of Court may be proved Opinions of third persons when relevant
44
Opinions of experts
45
Facts bearing upon opinions of experts
46
Opinion as to handwriting
47
Opinion as to existence of right or custom when relevant
48
Opinions as to usages tenets c when relevant
49
Opinion on relationship when relevant
50
Grounds of opinion when relevant Character when relevant
51
In civil cases character to prove conduct imputed irrelevant
52
In criminal cases previous good character relevant
53
Previous conviction in criminal trials relevant but not pre vious bad character except proof of good character be given
54
Character as affecting damages
55
Proof of facts by oral evidence
59
Oral evidence must be direct
60
CHAPTER V
61
Primary evidence
62
Secondary evidence
63
Proof of documents by primary evidence
64
Cases in which secondary evidence relating to documents may be given
65
Rules as to notice to produce
66
Proof of signature and handwriting of person alleged to have signed or written document produced
67
Proof of execution of document required by law to be attested
68
Proof where no attesting witness found
69
Admission of execution by party to attested document
70
Proof when attesting witness denies the execution
71
Proof of document not required by law to be attested
72
Comparison of handwritings Public Documents
73
Public documents
74
Private documents
75
Certified copies of public documents
76
Production of such copies
77
Proof of other official documents Presumptions as to Documents
78
Presumption as to genuineness of certified copies
79
Presumptions on production of record of evidence
80
Presumption as to Gazettes
81
Presumption as to document admissible in England without proof of seal or signature
82
Proof of maps made for purposes of any cause
83
Presumption as to collections of laws and reports of decisions
84
Presumption as to powers of attorney
85
Presumption as to certified copies of foreign judicial records
86
Proof of cession of territory
113
Court may presume existence of certain facts
114
CHAPTER VIII
115
Estoppel of tenant
116
Statements by persons who cannot be called as witnesses
117
Who may testify
118
Dumb witnesses
119
Married persons in civil and criminal proceedings
120
Judges and Magistrates
121
Communications during marriage
122
Evidence as to affairs of State
123
Official communications
124
Information as to commission of offences
125
Professional communications
126
Section 126 to apply to interpreters
128
Confidential communication with legal advisers
129
Production of witnesss titledeeds
130
Production of documents with another person having posses
131
Crossexamination as to previous statements in writing
145
Questions lawful in crossexamination
146
When witness to be compelled to answer
147
Court to decide when question shall be asked and when witness compelled to answer
148
Question not to be asked without reasonable grounds
149
Procedure of Court in case of question being asked without reasonable grounds
150
Indecent and scandalous questions
151
Questions intended to insult or annoy
152
Exclusion of evidence to contradict answers to questions test ing veracity
153
Questions by party to his own witness
154
Impeaching credit of witness
155
Questions tending to corroborate evidence of relevant fact admissible
156
Former statements of witness may be proved to corroborate latter testimony as to same fact
157
What matters may be proved in connection with proved state
158
PART II
217
Facts which need not be proved
220
No evidence required of fact judicially noticed 57 Facts of which Court must take judicial notice 58 Facts admitted
225
of the Burden of Proof
323
Burden of proving fact to be proved to make evidence admis
352
sion would be entitled to refuse to produce
472
Proviso
473
Accomplice a competent witness
484
Number of witnesses
485
ment relevant under section 32 or 33
518
Refreshing memory When witness may use copy of document to refresh memory
520
Right of adverse party as to writing used to refresh memory 162 Document to be brought to Court notwithstanding objection to its admissibility
523
Of Improper Admission and Rejection of Evidence
529
Facts bearing on question whether act was accidental or inten
660

Common terms and phrases

Popular passages

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.

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