The Law of Evidence Applicable to British India

Εξώφυλλο
Thacker, Spink & Company, 1907 - 924 σελίδες
 

Περιεχόμενα

BIBLIOGRAPHY OF THE LAW OF EVIDENCE
xci
INTRODUCTION
xcviii
21
3
Siva Ram v Ali Baksh
5
PAGE
7
Birch
9
Confession caused by inducement threat or promise when irrelevant
24
In civil cases character to prove conduct imputed irrelevant
52
CHAPTER II
72
OF THE RELEVANCY OF FACTS
79
Evidence may be given of facts in issue and relevant facts
5
518
6
Gangayya
9
When facts not otherwise relevant become relevant
11
Beck
16
Confession made to a policeofficer not to be proved
25
322
38
134
42
324
49
ON PROOF
55
56
56
62
62
87
87
R r Mallory
90
Buchanan
97
Shazada Mahomed v Daniel Wedge
113
Admission
125
Tredgold
131
R Mannu Tamoolee
150
R r Mansfield 158 159 319 591 593
156
SECTIONS PAGE
157
R r Matabadal
172
Umedram
176
Mohesh Biswas 179 180 183
179
Sreemutty
188
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
190
Relevancy of certain evidence for proving in subsequent proceeding
197
Abdool Ali v Abdoor Rahman
208
Att Genl
215
Patrick
221
Att Genl v Ashe
232
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
236
Abdul Hamid v Kiran Chandra
255
Sheeb Chunder v Brojo Nath
261
Abdul Hossein v C A Turner
265
Sheeb Narain v Chiddam Doss
276
Att Genl of N S W v Bertrand 33 724
285
Autu Sing v Ajudhia Sahu
294
Sheikh Akbar v Seikh Khan 862 863
303
Oral evidence must be direct
309
CHAPTER V
334
Sheikh Faizulla v Ramkamal Mitter
341
OF DOCUMENTARY EVIDENCE
366
Secondary evidence
374
Sreemutty
378
Cases in which secondary evidence relating to documents may be given
390
Abdulla Paru v Gannibai 202
395
Proof of execution of document required by law to be attested
397
PUBLIC DOCUMENTS
406
Relevancy of statement as to fact of public nature contained in certain Acts
413
SECTIONS PAGE PRESUMPTIONS AS TO DOCUMENTS
418
Presumption as to genuineness of certified copies
419
Presumption as to documents produced as record of evidence
420
Presumption as to gazettes newspapers private Acts of Parliament and other documents
425
Presumption as to document admissible in England without proof of seal or signature
426
Presumption as to maps or plans made by authority of Government
432
Relevancy of statements as to any law contained in law books
434
Presumption as to powersofattorney
435
Presumption as to certified copies of foreign judicial records
436
Presumption as to books maps and charts
438
Presumption as to due execution c of documents not produced
439
Presumption as to documents thirty years old
440
Baikanthanath Kumar
445
CHAPTER VI
447
Balkishen Das v Legge
450
Wilson 451 508 515 516 518
451
Evidence of terms of contracts grants and other dispositions of property reduced to form of document
452
What evidence to be given when statement forms part of a conversation
456
491
460
Exclusion of evidence of oral agreement
466
Benham
470
552
482
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
488
PART III
522
Previous judgment relevant to bar a second suit or trial
524
Burden of proof
527
Burden of proving fact to be proved to make evidence admissible
528
561 602
532
Abdul Rahim v Madhavrao Apaji 660
535
Balmakund Ram v Ghansam
537
Sunderdas Jagjivandas
544
Sheopargash Dube v Dhanraj Dube
561
Ava and Brenhilda
564
Burden of proving that case of accused comes within exceptions
567
Burden of proving fact especially within knowledge
569
Burden of proving death of person known to have been alive within thirty years
572
Burden of proof as to relationship in the cases of partners landlord and tenant principal and agent
574
Proof of good faith in transactions where one party is in relation of active confidence
584
Aylesford Peerage case
586
Birth during marriage conclusive proof of legitimacy
588
Proof of cession of territory
594
Court may presume existence of certain facts
595
Becher
611
Sheoprakash Singh v Rawlins 612 762
612
210
626
Sly v
629
Blake
638
Banee Pershad v Baboo Manu 654
654
Timma
658
Agrawal Singh v Foujdar Singh
659
Brajendro Coomar V Madhub
662
Peters
665
AngloAmerican Telegraph
667
Babaji Mahadaji v Krishnaji Devji 552
673
Mohima Chundra
674
Bani Madhub v Sridhur
680
CHAPTER IX
682
Cramer
683
Sri Balusu v Sri Balusu
689
Evidence as to affairs of State
692
Relevancy and effect of judgments orders or decrees other than those
696
587
699
Production of titledeeds of witness not a party
705
125
706
470
709
Accomplice
711
43
714
Number of witnesses
719
Birch
721
Judge to decide as to admissibility of evidence
729
Garbett
733
44
737
Direction of reexamination
743
Mungul Dass
744
Evidence as to matters in writing
749
Question not to be asked without reasonable grounds
756
Debia
768
Question by party to his own witness
771
45
783
Bank of Utica v Hillard
785
Srimati Lukhimani
794
CHAPTER XI
796
Chidriamekkansa
798
SCHEDULEENACTMENTS REPEALED
805
Alangamonjari Dabee v Sonamoni
812
AA Law Commissioners Report 816859
816
C
819
Opinions of experts
829
B Stamps 860863
860
Teetham
864
D Indian Oaths Act 867869
867
GENERAL INDEX 875 924
875
Subramanian Chettiar v Arunacha
876
Banku Behary v Raj Kumar
880
721
892
Facts bearing upon opinions of experts
894
Bansi Lal v Dhapo
896
W
897
McAllister
902
315
904
Admr Genl of Madras v Ananda
905
Fazl
910
W
913
Proof of documents by production of certified copies
914
732
915

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Δημοφιλή αποσπάσματα

Σελίδα 340 - The laws of nature, the measure of time, and the geographical divisions and political history of the world. In all these cases the court may resort for its aid to appropriate books or documents of reference.
Σελίδα 91 - There must be a misstatement of an existing fact: but the state of a man's mind is as much a fact as the state of his digestion. It is true that it is very difficult to prove what the state of a man's mind at a particular time is, but if it can be ascertained it is as much a fact as anything else. A misrepresentation as to the state of a man's mind is, therefore, a misstatement of fact.
Σελίδα 225 - ... when the witness is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the Court considers unreasonable...
Σελίδα 300 - On the one hand, it appears to be admitted that the opinions of witnesses possessing peculiar skill is admissible, whenever the subject matter of inquiry is such that inexperienced persons are unlikely to prove capable of forming a correct judgment upon it without such assistance.
Σελίδα 188 - ... against him ; but we think, that he is at liberty to prove that such admissions were mistaken, or were untrue, and is not estopped or concluded by them, unless another person has been induced by them to alter his condition ; in such a case the party is estopped from disputing their truth with respect to that person (and those claiming under him), and that transaction; but as to third persons he is not bound.
Σελίδα 95 - On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it inadmissible if it be relevant to an issue before the jury, and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused.
Σελίδα 427 - ... on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Σελίδα 297 - A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.
Σελίδα 4 - By satisfactory evidence, which is sometimes called sufficient evidence, is intended that amount of proof which ordinarily satisfies an unprejudiced mind beyond reasonable doubt. The circumstances which will amount to this degree of proof can never be previously defined; the only legal test of which they are susceptible is their sufficiency to satisfy the mind and conscience of a common man; and so to convince him that he would venture to act upon that conviction, in matters of the highest concern...
Σελίδα 413 - The acts of the executive, or the proceedings of the legislature of a sister state, in the same manner; 4. The acts of the executive, or the proceedings of the legislature of a foreign country, by journals published by their authority, or commonly received in that country as such...

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