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![]() Vol.4 (2014-2018) |
This comprehensive compendium not only contains all the rulings of the Supreme Court on the Evidence Act, 1872 from 1950 till the present but also contains the full statutory text of the Evidence Act. Furthermore, there are a large number of judgments in which the provisions of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors over the years have carefully studied each judgment of the Supreme Court since 1950 and have sifted and extracted every possible ruling of law that may be relevant to the Evidence Act,1872, thus making this compendium the most comprehensive source of rulings of law on the Evidence Act by the highest court of the land, which rulings are binding in the whole country under Art. 141 of the Constitution of India.
This Update ? Vol. 4 updates the case law in Supreme Court on Evidence Act, 1872 released earlier in 3 volumes, wherein case law covered is from 1950 to (2014) 5 SCC. Case-law in this Update ? Vol. 4 is covered from (2014) 6 SCC up to (2018) 1 SCC & (2017) 15 SCC. This Update ? Vol. 4, like the previous three volumes, not only contains all the rulings of the Supreme Court on the Evidence Act, 1872, but there are a large number of judgments in which the provisions of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors have sifted and extracted every possible ruling of law that may be relevant to the Evidence Act, 1872, thus making this compendium the most comprehensive source of rulings of law on the Evidence Act by the highest court of the land that is binding on the whole country under Art. 141 of the Constitution of India.
Furthermore, this Update ? Vol. 4 on the Evidence Act, 1872 has been interconnected with related rulings of law covered in Supreme Court on Criminal Procedure Code and Criminal Trial and Supreme Court on Penal Code, so as to conserve space.
Detailed Contents
EVIDENCE ACT, 1872
Section 3 — Interpretation clause
Section 4 — “May presume”
Section 5 — Evidence may be given of facts in issue and relevant facts
Section 6 — Relevancy of facts forming part of same transaction
Section 7 — Facts which are the occasion, cause or effect of facts in issue
Section 8 — Motive, preparation and previous or subsequent conduct
Section 9 — Facts necessary to explain or introduce relevant facts
Section 10 — Things said or done by conspirator in reference to common design
Section 11 — When facts not otherwise relevant become relevant . . .
Section 14 — Facts showing existence of state of mind, or of body, or bodily feeling
Section 15 — Facts bearing on question whether act was accidental or intentional
Section 16 — Existence of course of business when relevant
Section 17 — Admission defi ned .
Section 18 — Admission by party to proceeding or his agent; by suitor in representative character; by party interested in subject-matter; by person from whom interest derived
Section 19 — Admissions by persons whose position must be proved as against party to suit . .
Section 20 — Admissions by persons expressly referred to by party to suit
Section 21 — Proof of admissions against persons making them, and by or on their behalf
Section 22 — When oral admissions as to contents of documents are relevant
Section 23 — Admissions in civil cases, when relevant
Section 24 — Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding
Section 25 — Confession to police offi cer not to be proved
Section 26 — Confession by accused while in custody of police not to be proved against him
Section 27 — How much of information received from accused may be proved
Section 30 — Consideration of proved confession affecting person making it and others jointly under trial for same offence
Section 32 — Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
Section 34 — Entries in books of account when relevant
Section 35 — Relevancy of entry in public record, made in performance of duty
Section 40 — Previous judgments relevant to bar a second suit or trial
Section 41 — Relevancy of certain judgments in probate, etc., jurisdiction
Section 42 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in Section 41
Section 43 — Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant
Section 44 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45 — Opinions of experts
Section 45-A — Opinion of Examiner of Electronic Evidence
Section 47 — Opinion as to handwriting, when relevant
Section 48 — Opinion as to existence of right or custom, when relevant
Section 49 — Opinions as to usages, tenets, etc., when relevant
Section 50 — Opinion on relationship, when relevant
Section 51 — Grounds of opinion, when relevant
Section 53 — In criminal cases, previous good character relevant
Section 54 — Previous bad character not relevant, except in reply
Section 56 — Fact judicially noticeable need not be proved
Section 57 — Facts of which Court must take judicial notice
Section 58 — Facts admitted need not be proved
Section 59 — Proof of facts by oral evidence
Section 60 — Oral evidence must be direct
Section 61 — Proof of contents of documents
Section 62 — Primary evidence
Section 63 — Secondary evidence
Section 64 — Proof of documents by primary evidence
Section 65 — Cases in which secondary evidence relating to documents may be given
Section 65-A — Special provisions as to evidence relating to electronic record
Section 65-B — Admissibility of electronic records
Section 66 — Rules as to notice to produce
Section 67 — Proof of signature and handwriting of person alleged to have signed or written document produced
Section 68 — Proof of execution of document required by law to be attested
Section 69 — Proof where no attesting witness found
Section 71 — Proof when attesting witness denies the execution
Section 73 — Comparison of signature, writing or seal with others admitted or proved
Section 74 — Public documents
Section 76 — Certifi ed copies of public documents .
Section 78 — Proof of other offi cial documents
Section 83 — Presumption as to maps or plans made by authority of Government
Section 90 — Presumption as to documents thirty years old
Section 91 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Section 92 — Exclusion of evidence of oral agreement
Section 93 — Exclusion of evidence to explain or amend ambiguous document
Section 94 — Exclusion of evidence against application of document to existing facts .
Section 95 — Evidence as to document in unmeaning reference to existing facts
Section 96 — Evidence as to application of language which can apply to one only of several persons
Section 101 — Burden of proof
Section 102 — On whom burden of proof lies
Section 103 — Burden of proof as to particular fact
Section 104 — Burden of proving fact to be proved to make evidence admissible
Section 106 — Burden of proving fact especially within knowledge
Section 108 — Burden of proving that person is alive who has not been heard of for seven years
Section 110 — Burden of proof as to ownership .
Section 112 — Birth during marriage, conclusive proof of legitimacy
Section 114 — Court may presume existence of certain facts .
Section 115 — Estoppel
Section 116 — Estoppel of tenant and of licensee of person in possession
Section 117 — Estoppel of acceptor of bill of exchange, bailee or liensee
Section 118 — Who may testify
Section 121 — Judges and Magistrates
Section 123 — Evidence as to affairs of State
Section 124 — Offi cial communications
Section 126 — Professional communications
Section 132 — Witness not excused from answering on ground that answer will criminate
Section 133 — Accomplice
Section 134 — Number of witnesses
Section 135 — Order of production and examination of witnesses
Section 136 — Judge to decide as to admissibility of evidence
Section 137 — Examination-in-chief
Section 138 — Order of examinations
Section 139 — Cross-examination of person called to produce a document
Section 144 — Evidence as to matters in writing
Section 145 — Cross-examination as to previous statements in writing
Section 146 — Questions lawful in cross-examination
Section 154 — Question by party to his own witness
Section 155 — Impeaching credit of witness .
Section 156 — Questions tending to corroborate evidence of relevant fact, admissible
Section 157 — Former statements of witness may be proved to corroborate later testimony as to same fact
Section 159 — Refreshing memory
Section 160 — Testimony to facts stated in document mentioned in Section 159
Section 161 — Right of adverse party as to writing used to refresh memory
Section 165 — Judge’s power to put questions or order production
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