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“May presume”.—Whenever it is provided by this Act that the Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.“Shall presume”.—Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.“Conclusive proof”.—When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.5.
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Explanation.—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure1..—This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure1." Illustrations(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue:— A’s beating B with the club; A’s causing B’s death by such beating; A’s intention to cause B’s death.(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the case, a bond on which he relies.
This section does not enable him to produce the bond or prove its contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions prescribed by the Code of Civil Procedure.6.
Try out the Virtual Legal Assistant to build your case briefs as you use the website and to professionally manage your legal research. Short title, extent and commencement.—This Act may be called the Indian Evidence Act, 1872.
Become a Premium Member and enjoy ad-free experience. It extends to the whole of India 1[except the State of Jammu and Kashmir] and applies to all judicial proceedings in or before any Court, including Courts-martial, 2[other than Courts-martial convened under the Army Act] (44 & 45 Vict., c. 109) or 4[***] the Indian Navy (Discipline) Act, 1934 (34 of 1934)5 6[or the Air Force Act] (7 Geo. 51) but not to affidavits 7presented to any Court or Officer, nor to proceedings before an arbitrator; and it shall come into force on the first day of September, 1872. —In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context:— “Court”.
—“Court” includes all Judges(d) That a man holds a certain opinion, has a certain intention, acts in good faith, or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation, is a fact. —One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. —The expression “facts in issue” means and includes— any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature, or extent of any right, liability, or disability, asserted or denied in any suit or proceeding, necessarily follows.
Explanation.— Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue, is a fact in issue. At his trial the following facts may be in issue:— That A caused B's death; That A intended to cause B's death; That A had received grave and sudden provocation from B; That A at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. —“Document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.
Illustrations A writing is a document; Words printed, lithographed or photographed are documents; A map or plan is a document; An inscription on a metal plate or stone is a document; A caricature is a document.
“Evidence” .— “ Evidence” means and includes— [all documents including electronic records produced for the inspection of the Court], such documents are called documentary evidence.Tags: Adult Dating, affair dating, sex dating