WritingLaw (Page 247)

32. Case in which statement of relevant fact by person who is dead or cannot be found, etc is relevant.
Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases- 

(1) When it relates to cause of death – When the statement…KEEP READING

STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES. 34. Entries in books of account including those maintained in an electronic form, when relevant.
Entries in books of accounts including those maintained in an electronic form, regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability. 

Illustration-
A sues B for Rs. 1,000, and shows entries in his account-books showing B to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.KEEP READING

39. What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers.
When any statement of which evidence is given forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a document which forms part of a book, or is contained in part of electronic record or of a connected series of letters or papers, evidence shall be given of so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers as the Court considers necessary in that particular case to the full understanding of the nature and effect of the statement, and of the circumstances under which it was made.KEEP READING

40. Previous judgments relevant to bar a second suit or trail.
The existence of any judgment, order or decree which by law prevents any court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is, whether such Court ought to take cognizance of such suit or to hold such trail.

41. Relevancy of certain judgments in probate etc  jurisdiction.
A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to beKEEP READING

OPINIONS OF THIRD PERSONS WHEN RELEVANT. 45. Opinions of experts.
When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts.
Such person called experts. 

Illustrations-
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.KEEP READING

CHARACTER WHEN RELEVANT. 52. In civil cases character to prove conduct imputed, irrelevant.
In civil cases, the fact that the character of any person concerned is such as to render probable or improbably any conduct imputed to him, is irrelevant except in so far as such character appears from facts otherwise relevant.

53. In criminal cases, previous good character relevant.
In criminal proceedings the fact that the person accused is of good character, is relevant.

53A. Evidence of character or previous sexual experience not relevant in certain cases.KEEP READING

FACTS WHICH NEED NOT BE PROVED. 56. Fact Judicially noticeable need not be proved.
No fact of which the Court will take judicial notice need be proved.

Comments:
Judicial Notice of fact that many blind persons have acquired great academic distinctions can be taken by court.
Related Case- Jai Shankar Prasad v. State of Bihar, 1993

57. Facts of which Court must take judicial notice.
The Court shall take judicial notice of the following facts-
1- All laws in force in the territory of India.KEEP READING

ORAL EVIDENCE. 59. Proof of facts by oral evidence.
All facts, except the contents of documents or electronic records may be proved by oral evidence.

60. Oral evidence must be direct.
Oral evidence must, in all cases whatever, be direct; that is to say-
If it refers to a fact which could be seen, it must be the evidence of a witness who says who says he saw it;
If it refers to a fact which could be heard, it must be the evidence of a witness who says he heard it;

KEEP READING

DOCUMENTARY EVIDENCE. 61. Proof of contents of documents.
The contents of documents may be proved either by primary or by secondary evidence.

Comment:
(a) A man may lie but a document will never lie.
Related Case- Afzauddin Ansari v. State of West Bengal, 1997

(b) Admission of a document amounts to admission of its contents and not its truth.
Related Case- Life Insurance Corporation of India v. Narmada Agarwalla, 1993KEEP READING

67. Proof of signature and handwriting of person alleged to have signed or written document produced.
If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person’s handwriting must be proved to be in his handwriting.

*Admissibility- Non-examination of executants of receipt admissibility of receipts not proper.
Related Case- Ramkrishna Dode v. Anand, 1999

67A. Proof as to electronic signature.KEEP READING

PRESUMPTIONS AS TO DOCUMENTS. 79. Presumption as to genuineness of certified copies.
The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorised there to by the Central Government:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officerKEEP READING

91. Evidence of terms of contracts, grant and other dispositions of property reduced to form of documents.
When the terms of a contract, or of a grant, or of any other disposition of property have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions herein before contained. KEEP READING

101. Burden of Proof.
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence to facts which he asserts, must prove that those facts exist.
When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. 

Illustration-
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.KEEP READING

115. Estoppel.
When one person has by his declaration, act or omission, intentionally 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.

Illustration-
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.KEEP READING

Witnesses. 118. Who may testify?
All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answer to those questions, by tender years, extreme old age, disease, whether of body and mind, or any other cause of the same kind. 

Explanation-
A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.KEEP READING

The Examination of Witnesses. 135. Order of production and examination of witness.
The order in which witness are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively, and in the absence of any such law, by the discretion of the Court.

136. Judge to decide as to admissibility of evidence.
When either party proposes to give evidence of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved, would be relevant, and not otherwise.KEEP READING