Indian evidence act pdf. Indian Evidence Act (Notes for Exam) 2019-01-09

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Indian Evidence Act

indian evidence act pdf

Parties to civil suit, and their wives or husbands Husband or wife of person under criminal trail 121. Admissions not conclusive proof, but may estop. A statement by C that he owed B rent is an admission, and is a relevant fact as against A, if A denies that C did owe rent to B. Presumption as to due execution, etc. When oral admission as to contents of electronic records are relevant.

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The Indian Evidence Act 1872

indian evidence act pdf

Evidence as to application of language which can apply to one only of several persons. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time is relevant. The state of A's property and of his family at the date of the alleged will may be relevant facts. The remarks of a crowd of spectators on these points may be proved. State Delhi Administration , 1997 2 Crimes 169 Del.

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Indian Evidence Act (Notes for Exam)

indian evidence act pdf

These provisions seem to proceed upon the view that confessions made by an accused to a police officer or made by him while he is in the custody of a police officer are not to be trusted, and should not be used in evidence against him. Illustrations a A is accused of burning down his house in order to obtain money for which it is insured. Of the Relevancy of Facts 5. Cross-examination as to previous statements in writing 146. The question is as to similarity of the caricature and its libellous character. Position of stranger The rule as to exclusion of oral by documentary evidence governs the parties to the deed in writing.

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The Indian Evidence Act 1872

indian evidence act pdf

Burden of proof as to ownership 111. It is shown to have been posted, but the usual course of the post was interrupted by disturbances; As to illustration g —A man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family; As to illustration h —A man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked; As to illustration i —A bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it. B sues A for not collecting rent due from C to B. The facts that, not long before the date of alleged will, A made inquiry into matter to which the provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he caused drafts of other wills to be prepared of which he did not approve, are relevant. Opinions of third persons, when relevant 45. The question is, whether this false entry was accidental or intentional.

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

indian evidence act pdf

Thus, Birth Certificate proceeding on basis of Baptism Certificate, legally recognised legitimacy; Luis Caetano Viegan v. The mortgagor is in possession. Exclusion of evidence against application of document to existing facts. Illustration A book-keeper may testify the facts recorded by him in books regularly kept in the course of business, if he knows that the books were correctly kept, although he has forgotten the particular transactions entered. The occurrence of these facts is relevant, as forming part of the general transaction, though A may not have been present at all of them.

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Study Material

indian evidence act pdf

Cases in which secondary evidence relating to documents may be given — Secondary evidence may be given of the existence, condition or contents of a document in the following cases: a When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it; b When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest; c When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; d When the original is of such a nature as not to be easily movable; e When the original is a public document within the meaning of Section 74; f When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 1India to be given in evidence 2; g When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collections. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When Facts not otherwise relevant become relevant — Facts not otherwise relevant, are relevant. Facts showing existence of state of mind or of body or bodily feeling — Facts showing the existence of any state of mind, such as intention, knowledge, good faith, negligence, rashness, ill-will or goodwill towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. Part 3 The last part, that is part 3, consists of chapter 7 to chapter 11. State of Karnataka, 1997 3 Supreme Today 63. Proof of facts by oral evidence 60.

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Indian Evidence Act

indian evidence act pdf

The facts that, not long before the date of the alleged Will, A made inquiry into matters to which the provisions of the alleged Will relate, that he consulted vakils in reference to making the Will, and that he caused drafts or other Wills to be prepared of which he did not approve, are relevant. Comments Conflict of opinion of Experts When there is a conflict of opinion between the experts, then the Court is competent to form its own opinion with regard to signatures on a document; Kishan Chand v. Primary evidence — Primary evidence means the document itself produced for the inspection of the Court. Parties to civil suit, and their wives or husbands. Every fact which shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D, is relevant. The fact that he said something indicating a general disposition to commit crimes of that class, is irrelevant.

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Evidence Act, 1872 (Act No. I of 1872).

indian evidence act pdf

Illustrations a The question is, whether a given document is the will of A. A, B and C, three of the criminals, are captured on the spot and kept apart from each other. The evidence remains admissible in the trial and there is no legal bar to base a conviction upon his testimony if corroborated by other reliable evidence; Pandappa Hanumappa Nanamar v. Leading questions — Any questions suggesting the answer which the person putting it wishes or expects to receive is called a leading question. Illustration A sues B on an agreement and gives B notice to produce it. Evidence is offered to show that A was on that day at Calcutta.

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Evidence Act, 1872 (Act No. I of 1872).

indian evidence act pdf

The entries are relevant but are not sufficient, without other evidence, to prove the debt. Do you have any hints for aspiring writers? Normally there is a motive behind every criminal act; Barikanoo v. They are not concerned with the number of witnesses examined by the prosecution; Raja v. In the former there is no necessary requirement of the statement containing the admission having to be put to the party because it is evidence proprio vigore: in the latter case the Court cannot be invited to disbelieve a witness on the strength of a prior contradictory statement unless it has been put to him, as required by Section 145 of the Evidence Act. When facts not otherwise relevant become relevant 12.

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