Section 17 IEA – The Indian Evidence Act, 1872 – Admission defined. Section 17. Admission defined.––An admission is a statement, 1[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter …
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Section 16 IEA – The Indian Evidence Act, 1872 – Existence of course of business when relevant Section 16. Existence of course of business when relevant.––When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant …
Section 15 IEA – The Indian Evidence Act, 1872 – Facts bearing on question whether act was accidental or intentional. Section 15. Facts bearing on question whether act was accidental or intentional.––When there is a question whether an act was accidental or intentional, 1[or done with a particular knowledge or intention,] the fact that such …
Section 14 IEA – The Indian Evidence Act, 1872 – Facts showing existence of state of mind, or of body of bodily feeling. Section 14. Facts showing existence of state of mind, or of body of bodily feeling.––Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will …
Section 13 IEA – The Indian Evidence Act, 1872 – Facts relevant when right or custom is in question. Section 13. Facts relevant when right or custom is in question.––Where the question is as to the existence of any right or custom, the following facts are relevant:–– (a) any transaction by which the right or …
Section 12 IEA – The Indian Evidence Act, 1872 – In suits for damages, facts tending to enable Court to determine amount are relevant. Section 12. In suits for damages, facts tending to enable Court to determine amount are relevant. –– In suits in which damages are claimed, any fact which will enable the Court …
Section 11 IEA – The Indian Evidence Act, 1872 – When facts not otherwise relevant become relevant. Section 11. When facts not otherwise relevant become relevant.––Facts not otherwise relevant are relevant–– Illustrations (a) The question is, whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was …
Section 10 IEA – The Indian Evidence Act, 1872 – Things said or done by conspirator in reference to common design. Section 10. Things said or done by conspirator in reference to common design.––Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable …
Section 9 IEA – The Indian Evidence Act, 1872 – Facts necessary to explain or introduce relevant facts. Section 9. Facts necessary to explain or introduce relevant facts.––Facts necessary to explain or introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in issue or relevant …
Section 8 IEA – The Indian Evidence Act, 1872 – Motive, preparation and previous or subsequent conduct. Section 8. Motive, preparation and previous or subsequent conduct.––Any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact. The conduct of any party, or of any agent to …
Section 7 IEA – The Indian Evidence Act, 1872 – Facts which are the occasion, cause or effect of facts in issue. Section 7. Facts which are the occasion, cause or effect of facts in issue. –– Facts which are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts in issue, …
Nemo debt bis vexari pro una et eadem causa The legal maxim “Nemo debet bis vexari pro una et eadem causa” is a Latin phrase which means “no one should be punished twice for the same offense.” This principle is a fundamental principle of criminal law and is also known as the “double jeopardy” rule. …
Section 6 IEA – The Indian Evidence Act, 1872 – Relevancy of facts forming part of same transaction. Section 6. Relevancy of facts forming part of same transaction.––Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at …
Section 5 IEA – The Indian Evidence Act, 1872 – Evidence may be given of facts in issue and relevant facts. Section 5. Evidence may be given of facts in issue and relevant facts. ––Evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of …
Section 4 IEA – The Indian Evidence Act, 1872 – May presume, Shall presume, Conclusive proof. Section 4. “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 …
Section 3 IEA – The Indian Evidence Act, 1872 – Interpretation clause. Section 3. Interpretation clause.––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 and Magistrates, and all persons, except arbitrators, legally authorised to take evidence. “Fact”.––“Fact” …
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Section 1 IEA – The Indian Evidence Act, 1872 – Short title, Extent, Commencement of Act. 1. Short title. ––This Act may be called the Indian Evidence Act, 1872. Extent.––It extends to the whole of India 2[ 3***] and applies to all judicial proceedings in or before any Court, including Courts-martial, 4[other than Courts-martial convened …
THE INDIAN EVIDENCE ACT, 1872 ACT NO. 1 OF 18721 [15th March, 1872.] Preamble.—WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is hereby enacted as follows: — PART I RELEVANCY OF FACTS CHAPTER I.––PRELIMINARY Section 1 Short title, Extent, Commencement of Act. Section 2. [Repeal of enactments.].––Rep. by the …
Section 28 CPC – Code of Civil Procedure – Service of summons where defendant resides in another State. 28. Service of summons where defendant resides in another State.— (1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in …
Section 27 CPC – Code of Civil Procedure – Summons to defendants. 27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed 1[on such day not beyond thirty days from date of the institution …
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Section 26 CPC – Code of Civil Procedure – Institution of suits. 26. Institution of suits. — 1[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. 2[(2) In every plaint, facts shall be proved by affidavit.] *[Provided that such an affidavit shall be …
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Section 25 CPC – Code of Civil Procedure – Power of Supreme Court to transfer suits, etc. 25. Power of Supreme Court to transfer suits, etc.— (1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at …
Section 24 CPC – Code of Civil Procedure – General power of transfer and withdrawal. 24. General power of transfer and withdrawal.— (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such …
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Section 23 CPC – Code of Civil Procedure – To what Court application lies . 23. To what Court application lies.— (1) Where the several Courts having jurisdiction are subordinate to the same Appellate Court, an application under section 22 shall be made to the Appellate Court. (2) Where such Courts are subordinate to different …
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Section 22 CPC – Code of Civil Procedure – Power to transfer suits which may be instituted in more than one Court. 22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may be instituted in any one of two or more Courts and is instituted in one of …
