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Law of evidence : In India, Pakistan, Sri Lankda, Bangaldesh, Burma and Malaysia

By: Contributor(s):
Publication details: Allahabad Dwivedi Law Agency 2011Edition: 3rdDescription: 2392p lxiISBN:
  • 9788189619039
Subject(s): DDC classification:
  • 347.06 SAR-II
Contents:
GENERAL CONTENTS; vol.2 Preface to the Third Edition ; Table of Cases; THE INDIAN EVIDENCE ACT, 1872 33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated; 34. Entries in the books of account including those maintained in an electronic form when relevant; 35. Relevancy of envy in public record made in performance of duty; 36. Relevancy of statements in map!, charts and plans; 37. Relevancy of statement as to fact to public nature, contained in certain acts or notifications; 38. Relevancy of statements as to any law contained.in law-books; HOW MUCH OF A STATEMENT IS TO BE PROVED 39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers; JUDGMENTS OF COURTS OFJUSTICE WHEN RELEVANT 40.Previous judgments relevant to bar a second suit or trial; 41. Relevancy of certain judgment in probate, etc., jurisdiction; 42. Relevancy and effect of judgments orders or decrees, other than those mentioned in Section 41; 43. Judgments, etc., other than those mentioned in Sections 40 to 42 ,when relevant; 44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved; OPINIONS OT THIRD PERSONS WHEN RELEVANT 45.Opinions of Experts; 46.Facts bearing upon opinions of experts; 47.Opinion as to handwriting, when relevant; 47-A.Opinion as to digital signature when relevant; 48.Opinion as to existence of right or custom, when relevant; 49. Opinion as to usages, tenets, etc., when relevant; 50. Opinion on relationship, when relevant; 51. Grounds of opinions, when relevant; 52. In civil cases character to prove conduct imputed; 53. In criminal cases previous good character relevant; 54. Previous bad character not relevant, except in reply; 55. Character as affecting damages; PART II ON PROOF CHAPTER III FACTS WHICH NEED NOT BE PROVED 56. Fact judicially noticeable need not be proved; 57. Facts of which Court must take judicial notice; 58. Facts admitted need not be proved; CHAPTER IV OF ORAL EVIDENCE 59. Proof of facts by oral evidence; 60. Oral evidence must be direct; CHAPTER V OF DOCUMENTARY EVIDENCE 61. Proof of contents of documents; 62. Primary evidence; 63. Secondary evidence; 64. Proof of documents by primary evidence; 65. Cases in which secondary evidence relating to documents may be given; 65-A. special provisions as to evidence relating to electronic record; 65-B. Admissibility of electronic records. , 66. Rules as to notice to produce. 67. Proof of signature and handwriting of person alleged to have signed or written document produced; 67-A. Proof as to digital signature; 68. Proof of execution of document required by law to be attested; 69. Proof where not attesting witness found; 70. Admission of execution by party to attested document; 71. Proof when attesting witness denies the execution; 72. Proof of document not required by law to be attested; 73. Comparison of signature, writing or seal with others admitted or proved; 74. Public documents; 75. Private documents; 76. Certified copies of public documents; 77. Proof of documents by production of certified copies; 78. Proof of other official documents; Presumptions as to Documents; 79. Presumption as to genuineness of certified copies; 80. Presumption as to documents produced as record of evidence; 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents; 81-A. Presumption as to Gazettes in electronic forms; 82. Presumption as to document admissible in England without proof of seal or signature; 83. Presumption as to maps or Plans made by authority of Government; 84.Presumption as to collections of laws; 85.Presumption as to power-of-attorney; 85-A.Presumption as to electronic agreements; 85-B.presumptions as to electronic records and digital signatures; 85-C. Presumption as to Digital Signature Certificates; 86.Presumption as to certified copies of foreign judicial records; 87.Presumption as to books, maps and charts; 88.Presumption as to telegraphic Messages; 88-A.Presumption as to electronic messages; 89.Presumption as to due execution, etc.of documents not Produced; 90. Presumption as to documents thirty years old; 90-A. Presumption as to electronic records five years old; CHAPTERVI OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE 91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document; 92. Exclusion of evidence of oral agreement; 93. Exclusion of evidence to explain or amend ambiguous document; 94. Exclusion of evidence against application of document to existing facts; 95. Evidence as to document unmeaning in reference to existing Facts; 96. Evidence as to application of language which can apply to one only of several Persons; 97. Evidence as to application- of language to one of-.two sets of facts, to neither of which the whole correctly applies; 98. evidence as to meaning of illegible characters' etc.; 99. Who may give evidence of agreement varying terms of document; 100. Saving provisions of Indian Succession Act relating to wills; PART III PRODUCTION AND EFFECT OF EVIDENCE CHAPTERVII OF THE BUTIDEN OF PROOF 101. Burden of Proof; 102. On whom burden of proof lies; 103. Burden of proof as to particular fact' 104. Burden of proving fact to be proved to make evidence Admissible; 105. Burden of proving that case of accused comes within exceptions; 106. Burden of proving fact especially within knowledge; 107. Burden of proving death of person known to have been alive within thirty Years; 108. Burden of proving that person is alive who has not been heard of tor seven years; 109. Burden of proof as to relationship in the cases of partners, Landlord and tenant, principal and agent; 110. Burden of proof as to ownership; 111. Proof of good faith in transactions where one Party is in relation of active confidence; 111-A. Presumption as to certain offences; 112. Birth during marriage, conclusive proof of legitimacy; 113. Proof of cession of territory; 113-A. Presumption as to abetment of suicide by a married woman; 113-B. Presumption as to dowry death; 114. Court may Presume existence of certain facts; subject index.
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GENERAL CONTENTS;
vol.2
Preface to the Third Edition ;
Table of Cases;
THE INDIAN EVIDENCE ACT, 1872
33. Relevancy of certain evidence for proving, in subsequent
proceeding, the truth of facts therein stated;
34. Entries in the books of account including those maintained in
an electronic form when relevant;
35. Relevancy of envy in public record made in performance of duty;
36. Relevancy of statements in map!, charts and plans;
37. Relevancy of statement as to fact to public nature, contained
in certain acts or notifications;
38. Relevancy of statements as to any law contained.in law-books;
HOW MUCH OF A STATEMENT IS TO BE PROVED
39. What evidence to be given when statement forms part of a
conversation, document, electronic record, book or series of
letters or papers;
JUDGMENTS OF COURTS OFJUSTICE WHEN RELEVANT
40.Previous judgments relevant to bar a second suit or trial;
41. Relevancy of certain judgment in probate, etc., jurisdiction;
42. Relevancy and effect of judgments orders or decrees, other
than those mentioned in Section 41;
43. Judgments, etc., other than those mentioned in Sections 40 to 42 ,when relevant;
44. Fraud or collusion in obtaining judgment, or incompetency of
Court, may be proved;
OPINIONS OT THIRD PERSONS WHEN RELEVANT
45.Opinions of Experts;
46.Facts bearing upon opinions of experts;
47.Opinion as to handwriting, when relevant;
47-A.Opinion as to digital signature when relevant;
48.Opinion as to existence of right or custom, when relevant;
49. Opinion as to usages, tenets, etc., when relevant;
50. Opinion on relationship, when relevant;
51. Grounds of opinions, when relevant;
52. In civil cases character to prove conduct imputed;
53. In criminal cases previous good character relevant;
54. Previous bad character not relevant, except in reply;
55. Character as affecting damages;

PART II
ON PROOF
CHAPTER III
FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved;
57. Facts of which Court must take judicial notice;
58. Facts admitted need not be proved;
CHAPTER IV
OF ORAL EVIDENCE
59. Proof of facts by oral evidence;
60. Oral evidence must be direct;
CHAPTER V
OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents;
62. Primary evidence;
63. Secondary evidence;
64. Proof of documents by primary evidence;
65. Cases in which secondary evidence relating to documents may
be given;
65-A. special provisions as to evidence relating to electronic record;
65-B. Admissibility of electronic records. ,
66. Rules as to notice to produce.
67. Proof of signature and handwriting of person alleged to have
signed or written document produced;
67-A. Proof as to digital signature;
68. Proof of execution of document required by law to be attested;
69. Proof where not attesting witness found;
70. Admission of execution by party to attested document;
71. Proof when attesting witness denies the execution;
72. Proof of document not required by law to be attested;
73. Comparison of signature, writing or seal with others admitted
or proved;
74. Public documents;
75. Private documents;
76. Certified copies of public documents;
77. Proof of documents by production of certified copies;
78. Proof of other official documents;
Presumptions as to Documents;
79. Presumption as to genuineness of certified copies;
80. Presumption as to documents produced as record of evidence;
81. Presumption as to Gazettes, newspapers, private Acts of
Parliament and other documents;
81-A. Presumption as to Gazettes in electronic forms;
82. Presumption as to document admissible in England without proof of seal or signature;
83. Presumption as to maps or Plans made by authority of
Government;
84.Presumption as to collections of laws;
85.Presumption as to power-of-attorney;
85-A.Presumption as to electronic agreements;
85-B.presumptions as to electronic records and digital signatures;
85-C. Presumption as to Digital Signature Certificates;
86.Presumption as to certified copies of foreign judicial records;
87.Presumption as to books, maps and charts;
88.Presumption as to telegraphic Messages;
88-A.Presumption as to electronic messages;
89.Presumption as to due execution, etc.of documents not
Produced;
90. Presumption as to documents thirty years old;
90-A. Presumption as to electronic records five years old;
CHAPTERVI
OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of property
reduced to form of document;
92. Exclusion of evidence of oral agreement;
93. Exclusion of evidence to explain or amend ambiguous document;
94. Exclusion of evidence against application of document to existing facts;
95. Evidence as to document unmeaning in reference to existing Facts;
96. Evidence as to application of language which can apply to one only of several Persons;
97. Evidence as to application- of language to one of-.two sets of facts, to neither of which the whole correctly applies;
98. evidence as to meaning of illegible characters' etc.;
99. Who may give evidence of agreement varying terms of document;
100. Saving provisions of Indian Succession Act relating to wills;

PART III PRODUCTION AND EFFECT OF EVIDENCE
CHAPTERVII
OF THE BUTIDEN OF PROOF
101. Burden of Proof;
102. On whom burden of proof lies;
103. Burden of proof as to particular fact'
104. Burden of proving fact to be proved to make evidence
Admissible;
105. Burden of proving that case of accused comes within exceptions;
106. Burden of proving fact especially within knowledge;
107. Burden of proving death of person known to have been alive
within thirty Years;
108. Burden of proving that person is alive who has not been heard
of tor seven years;
109. Burden of proof as to relationship in the cases of partners,
Landlord and tenant, principal and agent;
110. Burden of proof as to ownership;
111. Proof of good faith in transactions where one Party is in
relation of active confidence;
111-A. Presumption as to certain offences;
112. Birth during marriage, conclusive proof of legitimacy;
113. Proof of cession of territory;
113-A. Presumption as to abetment of suicide by a married woman;
113-B. Presumption as to dowry death;
114. Court may Presume existence of certain facts;
subject index.