Indian evidence act 1872. The Indian Evidence Act, 1872 2019-02-10

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Indian Evidence Act, 1872 [Full Bare Act PDF Download]

indian evidence act 1872

Consideration must be real, competent and having some value in the eyes of law. If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor. A proposal, when accepted, becomes a promise. The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant, though the fact that there was a dispute may be relevant if it affected the relations between A and B. It will be concluded that death must have happen within 6 hours of his taking of food i.

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Indian Evidence Act 1872 : Important Features

indian evidence act 1872

This presumption shall not be made in respect of any document which is the basis of a suit or of defence or is relied upon in the plaint or written statement. Opinion as to handwriting, when relevant. Relevancy of statement as to fact of public nature, contained in certain Acts or notifications. Illustrations any area in which there has been, over a period of more than one month, extensive disturbance of the public peace, and it is shown that such person had been at a place in such area at a time when firearms or explosives were used at or from that place to attack or resist the members of any armed forces or the forces charged with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had committed such offence. Comments Deed of collateral security: manner of execution If it is a deed of collateral security of defendant, then the defendant would have had to execute a deed in favour of plaintiff and not vice versa, where the plaintiff has executed the mortgage the plea of evidence of collateral security offered by defendant appears not to fit into a situation; Ishwar Dass v.

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FIR: Indian Evidence Act, 1872

indian evidence act 1872

Opinion as to existence of right or custom, when relevant. A statement by A that B was his son, is a relevant fact. An affidavit filed by a party cannot be termed as evidence. Chapter 8 talks about estoppel, chapter 9 talks about witnesses, chapter 10 talks about examination of witnesses, and last chapter which is chapter 11 talks about improper admission and rejection of evidence. The fact that, near the time when the crime was committed, A was at a distance from the place where it was committed, which would render it highly improbable, though not impossible, that he committed it, is relevant. Illustrations a The question is, whether A committed a crime at Calcutta on a certain day. Dying Declaration— Generally, no statement given by any person can be used as evidence, until he comes to the court and testified on oath as to veracity of his statement.

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INDIAN EVIDENCE ACT, 1872

indian evidence act 1872

The facts that, A murdered C, that B knew that A had murdered C, and that B had tried to extort money from A by threatening to make his knowledge public, are relevant. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. The fact that B prosecuted A for libel and that A was convicted and sentenced is relevant under Section 8 as showing the motive for the fact in issue. A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a contractor. B's statement is relevant as explanatory of a fact which is part of the transaction. What matters may be proved in connection with proved statement relevant under section 32 or 33. The facts that, without making a complaint, she said that she had been ravished is not relevant as conduct under this section, though it may be relevant as a dying declaration under section 32, clause 1, or as corroborative evidence under section 157.

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The Indian Evidence Act, 1872

indian evidence act 1872

Evidence is offered to show that A was on that day at Calcutta. Proof of good faith in transactions where one party is in relation of active confidence. The fact that the person is dead must be proved by the person proposing to prove the statement, before evidence is given of the statement. Presumption as to books, maps and charts. Question not to be asked without reasonable grounds.


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Indian Evidence Act, 1872

indian evidence act 1872

Opinion as to existence of right or custom, when relevant. Proof of admissions against persons making them, and by or on their behalf. Say for example B asked A, an accused of murder to make confession to him and he B promises that he will not disclose it to any one. Evidence as to application of language which can apply to one only of several persons. In other words, confession of guilt in its entirety may be termed as confession. Illustration The question is, whether a horse sold by A to B is sound.

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Indian Evidence Act, 1872

indian evidence act 1872

When oral admission as to contents of electronic records are relevant. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. Procedure of Court in case of question being asked without reasonable grounds. Illustration A sues B for Rs. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

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Indian Evidence Act

indian evidence act 1872

Burden of proving fact especially within knowledge. Facts necessary to explain or introduce relevant facts. If the complainant who had been belaboured died a natural death and not because of the injuries caused to him, Sec. This is not acceptance and hence it amounts to a counter offer. Cross-examination as to previous statements in writing. The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto. In exercising its discretion, the Court shall have regard to the following considerations:— Such questions are improper if the imputation which they convey relates to matters so remote in time, or of such a character, that the truth of the imputation would not affect, or would affect in a slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he testifies; Procedure of Court in case of question being asked without reasonable grounds.

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