Evidence act 1872. Section 40 of the Indian Evidence Act, 1872 2019-01-24
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Evidence Act, 1872 (Act No. I of 1872).
Any finding in a criminal proceeding by no stretch of investigation would be binding in a civil proceeding. A statement in the diary of a deceased solicitor, regularly kept in the course of business, that, on a given day, the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him upon specified business, is a relevant fact. Exclusion of evidence to contradict answers to questions testing veracity 154. Comments Endorsement by Sub-Registrar Endorsement by Sub-Registrar that executant had acknowledged execution before him amounts to attestation; Pentakota Satyanarayana v. The mortgagor is in possession.
When a public officer is required by law to be appointed in writing, and when it is shown that any particular person had acted as such officer, the writing by which he is appointed need not be proved. The facts that, after the commission of the alleged crime, he absconded or was in possession of property or the proceeds of property acquired by the crime, or attempted to conceal things which were or might have been used in committing it, are relevant. Illustrations The question is whether a given letter is in the handwriting of A, a merchant in London. When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. When plea of estoppel does not arise If the statutory requirements for grant of lease are not fulfilled, the question of raising any plea of estoppel would not arise; Bahadursinh Lakhubhai Gohil v.
The confessional statement recorded by 1st Class Magistrate rightly held to be correct; Manguli Dei v. The court as to be circumspect and has to look for corroboration in material particulars by reliable testimony, direct or circumstantial, before acting upon testimony of a single witness; Lallu Manjhi v. Facts necessary to explain or introduce relevant facts 9. The statement, in any document whatever of a fact other than the facts referred to in this section shall not preclude the admission of oral evidence as to the same fact. Illustration The question is, whether a horse sold by A to B is sound.
Each delivery is a relevant fact. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso 3 The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved: Proviso 4 The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law required to be in writing, or has been registered according to the law in force for the time being as to the registration of documents: Proviso 5 Any usage or custom by which incidents not expressly mentioned in any contract are usually annexed to contracts of that description, may be proved: Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the express terms of the contract: Proviso 6 Any fact may be proved which shows in what manner the language of a document is related to existing facts. A produces a book kept by him in the ordinary course of his business showing observations alleged to have been taken by him from day to day, and indicating that the ship was not taken out of her proper course. B may be examined as to what occurred. A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be 45. Evidence is offered to show that he was dismissed for dishonesty. Illustrations a A agrees, in writing, to sell a horse to B for Taka 1,000 or Taka 1,500.
In a prosecution for rape under clause a , clause b , clause c , clause d , clause e , clause f , clause g , clause h , clause i , clause j , clause k , clause l , clause m or clause n of sub-section 2 of section 376 of the Indian Penal Code, where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. State of Tamil Nadu, 1997 1 Crimes 515 Mad. Illustration A person is shown to have been in possession of a number of placards, all printed at one time from one original. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent 110. And on this post The Indian Evidence Act 1872.
Where, however, a criminal court finds that a confession or other statements of an accused person has not been recorded in the manner prescribed, evidence may be taken that the recorded statement was duly made see the Code of Criminal Procedure, 1973 2 of 1974 , section 463. See section 76 also 64. When the Court has to form an opinion as to— the usages and tenets of any body of men or family, the constitution and government of any religious or charitable foundation or, the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts. The state of B's health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an opportunity for the administration of poison, are relevant facts. These facts may be proved to show that the deed related to the house at Howrah.
Evidence may be given of facts showing which he meant to sell. The details of the business on which he left are not relevant except in so far as they are necessary to show that the business was sudden and urgent. A must prove the admission. Where a document is executed in counterparts, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. Tape-recording of confession denotes influence and involuntariness. The validity of any such objection shall be decided on by the Court. He makes an entry showing that on a particular occasion he received less than he really did receive.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Proof of document not required by law to be attested 73. These are those evidences which are entertained by the court in the absence of the Primary evidences. It is proposed to prove a fact A which is said to have been the cause or effect of a fact in issue. Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it. B wishes the Court to believe that, at the time in question, he was elsewhere.
