At that time when Ancient Hindu Period was there, kings were the judges of the court and the court were situated in the royal palaces in the capital city. The corroboration need not be direct evidence. The Apex Court held that instead of prolonging litigation by appealing to this court, the state government had ordered expeditious enquiries under s. Illustration A sues B on an agreement and gives B notice to produce it. Section 68 speaks of as to how a document required by law to be attested can be proved. A may not prove that board was included in the term verbally.
If there is any such circumstance weakening such presumption, it cannot be ignored by the court; Sobha Hymavathi Devi v. Statements consisting only of original research should be removed. Illustrations a The question is, whether A was poisoned by a certain poison. One rule is that only the facts bearing importance to the matter being heard should be looked into by the courts and second that all facts that will help the court to reach a decision are admissible unless otherwise excluded like a client confessing to his legal counsel. The facts that, B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a like object, D Persuaded persons to join the conspiracy in Bombay.
Hearsay evidence is inadmissible in Court because information given by a third person cannot be trusted upon. The fact that, on that day, A was at Lahore, is relevant. This chapter gives provision regarding application and applicability. The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are relevant, as showing that the delivery to B was not accidental. In the plain sense it means any rule, regulation or canon, a dogma or a norm to which the human actions are required to conform. The fact that, B was habitually negligent about the carriage which he let to hire is relevant. Order of examinations — Witnesses shall be first examined-in-chief then if the adverse party so desires cross-examined, then if the party calling him so desires re-examined.
So much so, the law of evidence is now applicable to all states constituting the Union of India. By suitor in representative character — Statements made by parties to suits suing or sued in a representative character, are not admissions, unless they were made while the party making them held that character. Cross-examination of own witness Grant of permission by court to cross examine his own witness by a party should be judicially exercised—deposition in opposition, permission by court to declare him hostile not proper; S. Presumption as to abatement of suicide by a married women — 1113A. Stephen prepared a new draft which was passed and acknowledged as Act I of 1872. Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly proved.
This book is invaluable for trial lawyers—civil and criminal, advanced students of law, forensic sciences, criminology, gender studies and human rights. Facts bearing upon opinions of experts — Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts when such opinions are relevant. It is within jurisdiction of court to instruct a party to submit his writing or signature, enabling court to compare and decide a case, if the instructions are not followed court is free to presume what is most closer to the justice; Shyam Sundar Chowkhani v. Communications during marriage — No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other. Burden of Proof — Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts which he asserts, must prove that those facts exist.
Both the substantive as well procedural laws have since been made uniformly applicable to all states, whether British province or native States. Each of these states had its own rules of law of evidence. Proof when attesting witness denies the execution — If the attesting witness denies or does not recollect the execution of the document its execution may be proved by other evidence. State of Tamil Nadu, 1997 2 Crimes 185 Mad. The facts that, it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place, are relevant. Therefore, they argued that, in order to give timely and effective justice the role of evidence rules which regulates the question of relevancy is unquestionable.
Secondary Evidence — Secondary evidence means and includes. The petitioner has to either lead evidence or show that some evidence has come from side of the respondents to indicate that his challenge to a notification or order is made good. Estoppel of acceptor of bill of exchange, bailee or licensee — No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority of draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or license commenced, authority to make such bailment or grant such license. Khandia Bin Pandu, 15 B 65; E. Witness to character — Witnesses to character may be cross-examined and re-examined.
Facts admitted need not be proved — No fact need be proved in any proceeding, which the parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to admit by any writing under their hands or which by any rule of pleading in force at the time they are deemed to have admitted by their pleadings; Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than by such admission. Section 3 of The Indian Evidence Act, 1872 defines oral evidence and documentary evidence. Similarly, evidence excluded by the Act will be inadmissible even if essential to ascertain the truth. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents — When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence 1 shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained. The fact that, at the same time, an oral agreement was made that the money should not be paid till the thirty-first March, cannot be proved. Each delivery is a relevant fact. State of Uttar Pradesh, 1997 1 Crimes 500 All.