The Indian Evidence Act, No. I of 1872: As Amended by Act No. XVIII of 1872 ...
Mukhurji, 1896 - 693 oldal
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accused action admissible admitted alleged allowed amount appears apply authority called cause character charge circumstances civil claimed Code committed conduct confession connection contained contents contract copy Court crime criminal custom decree deed defendant document effect English evidence Evidence Act excluded execution existence expressed fact in issue former give given Government ground guilt held Illustrations inadmissible India instances intention interest Judge judgment judicial knowledge land letter Magistrate matter meaning ment mentioned mind murder nature notice object obtained offence officer opinion oral original particular party person plaintiff Police possession presumed presumption principle prisoner Procedure proceedings produced proof proved provisions question reasonable received record reference regard relating relevant facts render rent respect rule says statement subsequent sufficient suit taken things transaction trial unless Vide whole witness writing written
367. oldal - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
166. oldal - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
353. oldal - There must be reasonable evidence of negligence. But when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care — Scott v.
203. oldal - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime, or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
514. oldal - A party producing a witness shall not be allowed to impeach his credit by general evidence of bad character, but he may, in case the witness shall in the opinion of the judge prove adverse, contradict him by other evidence, or, by leave of the judge, prove that he has made at other times a statement inconsistent with his present testimony...
165. oldal - I state the rule of the court correctly, that where a given matter becomes the subject of litigation in, and of adjudication by, a court of competent jurisdiction, the court requires the parties to bring forward their whole case, and will not, except under special circumstances, permit the same parties to open the same subject of litigation in respect of a matter which might have been...
406. oldal - ... if, whatever a man's real meaning may be, he so conducts himself, that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
325. oldal - The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person.
186. oldal - We think the inquiry is, first, whether the subjectmatter was so situated as to be within the lawful control of the State under the authority of which the court sits ; and, secondly, whether the sovereign authority of that State has conferred on the court jurisdiction to decide as to the disposition of the thing, and the court has acted within its jurisdiction. If these conditions are fulfilled, the adjudication is conclusive against all the world.
xxvi. oldal - When one person has, by his declaration, act or omission, intention- Estoppel. ally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.