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Commentary on Law of Evidence (As up-to-date) - The Repealing and Amending Act, 2015 (17 of 2015) and The Repealing and Amending (Second) Act, 2015 (19 of 2015) (5 Volume Set)

Commentary on Law of Evidence (As up-to-date) - The Repealing and Amending Act, 2015 (17 of 2015) and The Repealing and Amending (Second) Act, 2015 (19 of 2015) (5 Volume Set)

  • ₹12,500.00

In Stock
  • Author(s): C.D. Field
  • Brand: Delhi Law House
  • Edition: Updated Ed RP 2017
  • ISBN 13 9789381308004
  • Approx. Pages 19350 + Contents
  • Delivery Time Normally 7-9 working days

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Description
The law has not laid down any clear standard for the sufficiency of evidence to induce belief. Belief is rarely the consequence of a strictly logical process and sometimes the same evidence which to one may be convincing, to another may be absurd. But nevertheless the matter of believing is not left to the mere intuition of an individual judge for a judge in believing or disbelieving evidence acts on his reason in conformity with his knowledge, observations and experience which always furnish adequate grounds for believing or disbelieving evidence.
Circumstances evidence is just like a rope made of many strands to stay together. The rope has strength more than sufficient to bear the stress laid upon it though no one of the filaments of which it is composed would be sufficient for that
purpose.
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Contents
PART I - RELEVANCY OF FACTS
CHAPTER I    PRELIMINARY

1.      Short title, extent and commencement
2.      Repeal of enactments
3.      Interpretation clause
4.      "May presume"
CHAPTER II    OF THE RELEVANCY OF FACTS
5.       Evidence may be given of facts in issue and relevant facts
6.       Relevancy of facts forming part of same transaction
7.       Facts which are the occasion, cause or effect of facts in issue
8.       Motive,   preparation   and   previous   or   subsequent conduct
9.       Facts necessary to explain or introduce relevant facts
10.     Things said or done by conspirator in reference to common design
11.     When facts not otherwise relevant become relevant
12.     In suits for damages, facts tending to enable Court to determine
          amount are relevant
13.     Facts relevant when right or custom is in question
14.     Facts showing existence of state of mind, or of body or bodily feeling
15.     Facts bearing on question whether act was accidental or intentional
16.     Existence of course of business when relevant
Admissions
17.     Admission defined
18.     Admission—By party to proceeding or his agent
19.     Admissions by persons whose position must be proved as against party to suit
20.     Admissions by persons expressly referred to by party to suit
21.     Proof of admissions against persons making them, and by or on their behalf
22.     When oral admissions as to contents of documents are relevant
22-A. When oral admission as to contents of electronic records are relevant
23.     Admission hi civil cases when relevant
24.     Confession   caused   by   inducement,   threat   or promise when irrelevant in
          criminal proceeding
25.     Confession to police officer not to be proved
26.     Confession by accused while in custody of police not to be proved against him
27.     How much of information received from accused may be proved   
28.     Confession  made  after  removal  of  impression caused by inducement, threat
          or promise, relevant   
29.     Confession  otherwise relevant not to become irrelevant because of promise of
           secrecy, etc.   
30.     Consideration of proved confession affecting person making it and others
           jointly under trial for same offence.   
31.     Admissions not conclusive proof, but may estop
Statements by persons who cannot be called as witnesses
32.     Cases in which statement of relevant fact by person who is dead or cannot be
           found, etc., is relevant
Volume 3
33.     Relevancy of certain evidence for proving, in subsequent proceeding, the
           truth of facts therein stated.
Statements made under special circumstances
34.     Entries in the books of account including those maintained in an electronic
           form when relevant.
35.     Relevancy of entry in public record made in performance of duty.
36.     Relevancy of statements in maps, 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, book or series of letters or papers.
Judgments of courts of justice 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 of third persons when relevant
45.      Opinions of experts.
45-A.  Opinion of Examiner of Electronic Evidence.   
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.   
Character when relevant
52.     In civil cases character to prove conduct imputed,
           irrelevant.   
53.     In criminal cases previous good character relevant.   
53-A. Evidence of character or previous sexual experience
          not relevant in certain, cases.   
54.     Previous bad character not relevant, except in reply.   
55.     Character as affecting damages.   
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.   
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.
73-A.  Proof as to verification of digital signature.
Public documents
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, newspaper 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 and reports of decisions.
85.      Presumption as to power-of-attorney.
85-A.  Presumption as to electronic agreements.
85-B.  Presumption 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.
Volume 4
Part II - (Contd.) - On Proof
Chapter VI    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 of provisions of Indian Succession Act relating to wills
PART III - PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII    OF THE BURDEN OF PROOF
101.    Burden of proof
102.    On whom burden of proof lies
103.    Burden of proof as to particular facts
104.    Burden of proving facts to be proved to make evidence admissible
105.    Burden of proving that case of accused comes within exception
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 for
            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
114-A. Presumption as to absence of consent in certain prosecutions for rape
Index
Chapter VII    Estoppel
115      Estoppel.
116.     Estoppel of tenant; and of licence of person in possession.
117.     Estoppel of acceptor of bill of exchange, bailee or
CHAPTER IX    OF WITNESSES
118.     Who may testify.
119.     Witness unable to communicate verbally.
120.     Parties to civil suit, and their wives or husbands or wife of person under
             criminal trial.
121.     Judges and Magistrates.
177      Communications during marriage.
123.     Evidence as to affairs to State.
124.     Official communications.
125.     Information as to commission of offences.
126.     Professional communications.
127.     Section 126 to apply to interpreters, etc.
128.     Privilege not waived by volunteering evidence.
129.     Confidential communications with legal advisers.
130.     Production of title-deeds of witness not a party.
131.     Production of documents which another person, having possession,
             could refuse to produce.
132.     Witness not excused from answering on ground that answer
             will criminate.
133.     Accomplice.
134.     Number of witnesses.
CHAPTER X OF THE EXAMINATION OF WITNESSES
135.    Order of production and examination of witnessing.
136.     Judge to decide as to admissibility of evidence.
137.     Examination-in-chief.
138.     Order of examinations.
139.     Cross-examination of person called to produce a document.
140.     Witnesses to character.
141.     Leading questions.
142.     When they must not be asked.
143.     When they may be asked.
144.     Evidence as to matters in writing.
145.     Cross-examination as to previous statements in writing.
146.     Questions lawful in cross-examination.
147.     When witness to be compelled to answer.
148.     Court to decide when question shall be asked and when witness
             compelled to answer.
149.     Question not to be asked without reasonable grounds.
150.     Procedure of Court in case of question being asked without reasonable
             grounds.
151.     Indecent and scandalous questions.
152.     Questions intended to insult or annoy.
153.     Exclusion of evidence to contradict answers to questions testing veracity.
154.     Question by party to his own witness.
155.     Impeaching credit of witness.
156.     Question tending to corroborate evidence of relevant fact, admissible.
157.     Former statements of witness may be proved to corroborate later testimony
             as to same act.
158.     What matters may be proved in connection with proved statement relevant
             under Section 32 or 33.
159.     Refreshing memory
160.     Testimony to facts stated in document mentioned in Section 159.
161.     Right of adverse party as to writing used to refresh memory.
162.     Production of documents.
163.     Giving, as evidence, of document called for and produced on notice.
164.     Using as evidence, of document production of which was refused on notice.
165.     Judge's power to put questions or order production.
166.     Power of jury or assessors to put questions.
CHAPTER XI    OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167.     No new trial for improper admission or rejection of evidence.
             THE SCHEDULE
ALLIED LAWS

•    DRAFT REPORT OF THE SELECT COMMITTEE
•    PROCEEDINGS OF THE COUNCIL OF THE GOVERNOR GENERAL OF INDIA
•    SECOND REPORT OF THE SELECT COMMITTEE
•    PROCEEDINGS OF THE COUNCIL OF THE GOVERNOR GENERAL OF INDIA
ALLIED LAWS
•    THE BANKERS' BOOKS EVIDENCE ACT
•    THE COMMERCIAL DOCUMENTS EVIDENCE ACT
•    THE CONSTITUTION OF INDIA
•    THE COMMISSIONS OF INQUIRY ACT, 1952
•    THE [x x x] MAJORITY ACT, 1875
•    THE CUSTOMS ACT, 1962
•    THE CORONERS ACT, 1871
•    THE CONSUMER PROTECTION ACT, 1986
•    THE CODE OF CIVIL PROCEDURE, 1908   
•    THE POWERS OF ATTORNEY ACT, 1882   
•    THE CODE OF CRIMINAL PROCEDURE, 1973   
•    THE INFORMATION TECHNOLOGY (USE OF ELECTRONIC RECORDS AND DIGITAL
      SIGNATURES) RULES, 2004
•    THE OATHS ACT, 1969
•    THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
•    (THE) TERRORIST-AFFECTED AREAS (SPECIAL COURTS) ACT, 1984
•    THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC
      SUBSTANCES ACT, 1988
•    THE REGISTRATION ACT, 1908
•    THE NEGOTIABLE INSTRUMENTS ACT, 1881
•    THE FAMILY COURTS ACT, 1984
•    THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969
•    THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF
      ATROCITIES) ACT, 1989   
•    THE USURIOUS LOANS ACT, 1918
•    THE PROTECTION OF CIVIL RIGHTS ACT, 1955
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