85C. Presumption as to Digital Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. Read Indian Evidence ActRead…
86. Presumption as to certified copies of foreign judicial records. The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s dominions is genuine and accurate, if the document purports to beRead…
87. Presumption as to Books, Maps and Charts. The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection,Read…
88. Presumption as to Telegraphic Messages. The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the CourtRead…
88A. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall notRead…
89. Presumption as to due execution etc., of documents not produced. The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
90. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports toRead…
90A. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signatureRead…
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 anyRead…
92. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement orRead…
93. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations- (a) A agrees, in writing, to sell a horse toRead…
94. Exclusion of evidence against application of document of existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustrations- A sells toRead…
95. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration- A sells to B, by deedRead…
96. Evidence as to application of languages which can apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one of several persons orRead…
97. Evidence as to application of language to one of two sets of facts to neither of which the whole correctly applies. When the language used applies partly to one set of existing facts and, partly to another set of existing facts, but the whole of it does not applyRead…
98. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local or provincial expressions, of abbreviations and of words used in a peculiar sense. Illustration- A, a sculptor, agrees to sell toRead…
99. Who may give evidence of agreement varying term of document. Person who are not parties to document, or their representatives in interest may give evidence of any fact tending to show a contemporaneous agreement varying the terms of the document. Illustration- A and B make a contract in writingRead…
100. Saving of provisions of India Succession Act relating to wills. Nothing in this Chapter contained shall be taken to affect any of the provisions of the Succession Act (X of 1865) as to the construction to wills. Read Indian Evidence Act in a beautiful, systematic way. Read Evidence ActRead…
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 theRead…
102. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustration- (a) A sues B for land of which B is in possession, and which, as ARead…
103. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration-Read…
104. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations- (a) A wishes toRead…
105. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, or within any special exception or proviso contained inRead…
106. Burden of proving fact specially within knowledge. When any fact is specially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations- (a) When a person does an act with some intention other than that which the character and circumstances of the actRead…
107. Burden of proving death of person known to have been alive within thirty years. When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person whoRead…
108. Burden of proving that person is alive who has not been heard of for seven years. Provided that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally haveRead…
109. Burden of proof as to relationship in the case of partners, landlord and tenant, principal and agent. When the question is whether persons are partners, landlord and tenant, or principal and agent, and it has been shown that they have been acting as such, the burden of proving thatRead…
110. Burden of proof as to ownership. When the question is, whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. ReadRead…
