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ORDER XLIV of CIVIL PROCEDURE CODE (CPC) – APPEALS BY INDIGENT PERSONS 1. Who may appeal as an indigent person. Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal,Read…
ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. “Decree” defined. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. 2. Application to Court whose complained of. (1) Whoever desires to appeal theRead…
ORDER 46 of CIVIL PROCEDURE CODE (CPC) – REFERENCE. 1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of lawRead…
ORDER XLVII of CIVIL PROCEDURE CODE (CPC) – REVIEW. 1. Application for review of judgment. (1) Any person considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, (b) by a decree or order from which noRead…
ORDER XLVIII of CIVIL PROCEDURE CODE (CPC) – MISCELLANEOUS. 1. Process to be served at expense of party issuing. (1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise directs. (2) Costs of service-Read…
ORDER XLIX of CIVIL PROCEDURE CODE (CPC) – CHARTERED HIGH COURTS. 1. Who may serve processes of High Court. Notice to produce documents, summonses to witnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary andRead…
ORDER L of CIVIL PROCEDURE CODE (CPC) – PROVINCIAL SMALL CAUSE COURTS. 1. Provincial Small Cause Courts. The provisions hereinafter specified shall not extend to Courts constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887) or under the Berar Small Cause Courts Law, 1905 or to CourtsRead…
ORDER LI of CIVIL PROCEDURE CODE (CPC) – PRESIDENCY SMALL CAUSE COURTS. 1. Presidency Small Cause Courts. Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882Read…
The passing of The Indian Evidence Act in 1872 was a ground breaking step. It was to change the entire working of courts as far as admissibility of evidence was concerned in our Indian courts.
Prior to the introduction of this act,
the rules of admissibility of evidence in our Indian courts were based on traditional systems. Different caste, community, social group had their own way of providing/submitting evidence in the court. The submission of evidence was hugely based on faith of a person, his social position and status in society, his community etc.
In short there was no uniform method.Read…
PART 1
The first part of Indian Evidence Act deals with RELEVANCY OF FACTS.
Relevancy means “the quality or state of being closely connected or appropriate” ; “appropriate to the current time, period, or circumstances”
Chapter I and Chapter II fall under Part 1.
Section 1 to Section 55 fall under Part 1.
Chapter I (1-4) is the preliminary chapter which has basic definitions and is the introduction part of this act.Read…
1. Short title, extent and commencement.
This Act may be called the Indian Evidence Act, 1872.
It extends to the whole of India except the State of Jammu & Kashmir.
It applies to all judicial proceedings in or before any court. It also applies to courts martial (other than Courts-martial convened under The Army Act, The Naval Discipline Act, The Indian Navy (Discipline) Act,1934 and The Air Force Act.)
This act DOES NOT apply to affidavits presented to any Court or Officer, nor to proceedings before an arbitrator.Read…
THE RELEVANCY OF FACTS. 5. Evidence may be given of facts in issue and relevant facts.
Evidence may be given in any suit or proceeding of the existence or non-existence of every fact in issue and of such other facts which are declared to be relevant, and of no others.
Note- This section shall not enable any person to give evidence of a fact which he is disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure.
Illustrations-
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.Read…
ADMISSION. 17. Admission defined.
An admission is a statement, oral or documentary 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 mentioned.
Comment:
Admissibility is substantive evidence of the fact-
Admissibility is substantive evidence of the fact admitted while a previous statement used to contradict a witness does not become substantive evidence and merely serves the purpose of throwing doubt on the veracity of the witness.Read…
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…Read…
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.Read…
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.Read…
