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Supreme Court on Evidence Act (3 Volume set)

Supreme Court on Evidence Act (3 Volume set)

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Description
This comprehensive compilation not only contains all the rulings of the Supreme Court on the Evidence Act, 1872 from 1950 till (2014) 5 SCC but also contains the full statutory text of the Evidence Act.
What distinguishes this work from others is that it contains the most exhaustive coverage of the subject of Evidence, wherever dealt with directly or impliedly. There are a large number of judgments in which the provisions of the Evidence Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors over the years have sifted and extracted every possible ruling of law that may be relevant to the Evidence Act, 1872, thus making this compendium the most comprehensive source of rulings of law on the Evidence Act by the highest court of the land, the rulings of which are binding in the whole country.
Furthermore, this compendium on the Evidence Act, 1872 has been interconnected with related rulings of law covered in SUPREME COURT ON CRIMINAL PROCEDURE CODE AND CRIMINAL TRIAL and SUPREME COURT ON PENAL CODE.
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Volume 1
Part I : Relevancy of Facts
Section 1          Short title, extent and commencement
Section 3          Interpretation clause
Section 4          "May presume"
Section 5          Evidence may be given of facts in issue and relevant facts
Section 6          Relevancy of facts forming part of same transaction
Section 7          Facts which are the occasion, cause or effect of facts in issue
Section 8          Motive, preparation and previous or subsequent conduct
Section 9          Facts necessary to explain or introduce relevant facts
Section 10        Things said or done by conspirator in reference to common design
Section 11        When facts not otherwise relevant become relevant
Section 12        In suits for damages, facts tending to enable Court to determine amount are relevant.
Section 13        Facts relevant when right or custom is in question
Section 14        Facts showing existence of state of mind, or of body, or bodily feeling  
Section 15        Facts bearing on question whether act was accidental or intentional
Section 16        Existence of course of business when relevant
Section 17        Admission defined
Section 18        Admission by party to proceeding or his agent; by suitor in representative
                           character; by party interested in subject-matter; by person from
                           whom interest derived
Section 19        Admissions by persons whose position must be proved as against party to suit
Section 20        Admissions by persons expressly referred to by party to suit
Section 21        Proof of admissions against persons making them, and by or on their behalf
Section 22        When oral admissions as to contents of documents are relevant  
Section 22-A     When oral admission as to contents of electronic records are relevant
Section 23        Admissions in civil cases, when relevant 
Section 24        Confession caused by inducement, threat or promise, when irrelevant in
                            criminal proceeding
Section 25        Confession to police officer not to be proved
Section 26        Confession by accused while in custody of police not to be proved against him
Section 27        How much of information received from accused may be proved 
Section 28        Confession made after removal of impression caused by inducement,
                           threat or promise, relevant
Section 29       Confession otherwise relevant not to become irrelevant because
                          of promise of secrecy, etc.
Section 30       Consideration of proved confession affecting person making it
                           and others jointly under trial for same offence
Section 31        Admissions not conclusive proof, but may estop
Volume 2
Section 32        Cases in which statement of relevant fact by person who is dead oil or
                           cannot be found, etc., is relevant
Section 33        Relevancy  of  certain  evidence  for  proving,   in  subsequent
                           proceeding, the truth of facts therein stated
Section 34        Entries in books of account when relevant
Section 35        elevancy of entry in public record, made in performance of duty
Section 36        Relevancy of statements in maps, charts and plans
Section 37        Relevancy of statement as to fact of public nature, contained in
                           certain Acts or notifications
Section 38        Relevancy of statements as to any law contained in law books
Section 39        What evidence to be given when statement forms part of a
                           conversation, document, electronic record, book or series of letters or papers
Section 40        Previous judgments relevant to bar a second suit or trial
Section 41        Relevancy of certain judgments in probate, etc., jurisdiction
Section 42        Relevancy and effect of judgments, orders or decrees, other than
                           those mentioned in Section 41 
Section 43        Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant
Section 44        Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45        Opinions of experts
Section 45-A     pinion of Examiner of Electronic Evidence
Section 46        Facts bearing upon opinions of experts
Section 47        Opinion as to handwriting, when relevant
Section 48        Opinion as to existence of right or custom, when relevant
Section 50        Opinion on relationship, when relevant
Section 51        Grounds of opinion, when relevant
Section 52        In civil cases character to prove conduct imputed, irrelevant 
Section 53        In criminal cases, previous good character relevant
Section 54        Previous bad character not relevant, except in reply
Section 55        Character as affecting damages
Chapter III Facts which need not be proved
Section 56        Fact judicially noticeable need not be proved
Section 57        Facts of which Court must take judicial notice
Section 58        Facts admitted need not be proved
Section 59        Proof of facts by oral evidence
Section 60        Oral evidence must be direct
Section 61        Proof of contents of documents
Section 62        Primary evidence
Section 63        Secondary evidence
Section 64        Proof of documents by primary evidence
Section 65        Cases in which secondary evidence relating to documents may be given 
Section 65-A     Special provisions as to evidence relating to electronic record
Section 65-B     Admissibility of electronic records
Section 66        Rules as to notice to produce
Section 67        Proof of signature and handwriting of person alleged to have
                           signed or written document produced
Section 68        Proof of execution of document required by law to be attested
Section 69        Proof where no attesting witness found
Section 70        Admission of execution by party to attested document
Section 71        Proof when attesting witness denies the execution
Section 72        Proof of document not required by law to be attested
Section 73        Comparison of signature, writing or seal with others admitted or proved
Section 74        Public documents
Section 75        Private documents 
Section 76        Certified copies of public documents
Section 77        Proof of documents by production of certified copies
Section 78        Proof of other official documents
Section 79        Presumption as to genuineness of certified copies
Section 80        Presumption as to documents produced as record of evidence
Section 81        Presumption  as  to  Gazettes, newspapers, private  Acts  of
                           Parliament and other documents
Section 82        Presumption as to document admissible in England without
                           proof of seal or signature
Section 83        Presumption as to maps or plans made by authority of Government
Section 84        Presumption as to collections of laws and reports of decisions
Section 85        Presumption as to powers-of-attorney
Section 85-B    Presumption as to electronic records and electronic signatures
Section 86        Presumption as to certified copies of foreign judicial records
Section 87        Presumption as to books, maps and charts
Section 88        Presumption as to telegraphic messages
Section 89        Presumption as to due execution, etc., of documents not produced
Section 90        Presumption as to documents thirty years old
Section 90-A    Presumption as to electronic records five years old
Section 91        Evidence of terms of contracts, grants and other dispositions of
                           property reduced to form of document
Section 92        Exclusion of evidence of oral agreement
Section 93        Exclusion of evidence to explain or amend ambiguous document
Section 94        Exclusion of evidence against application of document to existing facts
Section 95        Evidence as to document in unmeaning reference to existing facts
Section 98        Evidence as to meaning of illegible characters, etc.
Section 99        Who may give evidence of agreement varying terms of document
Volume 3
Section 101        Burden of proof
Section 102        On whom burden of proof lies
Section 103        Burden of proof as to particular fact
Section 104        Burden of proving fact to be proved to make evidenceadmissible
Section 105        Burden of proving that case of accused comes within exceptions
Section 106        Burden of proving fact especially within knowledge
Section 107        Burden of proving death of person known to have been alive within thirty years
Section 108        Burden of proving that person is alive who has not been heard of for seven years
Section 109        Burden of proof as to relationship in the cases of partners,
                             land-lord and tenant, principal and agent
Section 110        Burden of proof as to ownership
Section 111        Proof of good faith in transactions where one party is in relation of active confidence  
Section 111        Presumption as to certain offences
Section 112        Birth during marriage, conclusive proof of legitimacy
Section 113        Proof of cession of territory
Section 113-A    Presumption as to abetment of suicide by a married woman
Section 113-B    Presumption as to dowry death 
Section 114        Court may presume existence of certain facts  
Section 114-A     Presumption as to absence of consent in certain prosecution for rape
Section 115         Estoppel 
Section 116         Estoppel of tenant and of licensee of person in possession
Section 118         Who may testify
Section 119         Witness unable to communicate verbally
Section 120         Parties to civil suit, and their wives or husbands, Husband or wife
                              of person under criminal trial
Section 121         Judges and Magistrates
Section 122         Communications during marriage  
Section 123         Evidence as to affairs of State 
Section 124         Official communications
Section 125         Information as to commission of offences
Section 126         Professional communications
Section 132         Witness not excused from answering on ground trial answer
                              will cnminate
Section 133        Accomplice
Section 134        Number of witnesses 
Section 135        Order of production and examination of witnesses
Section 136        Judge to decide as to admissrbffity of evidence
Section 137        Examination-in-chief
Section 138        Order of examinations 
Section 139        Cross-examination of person caffed to produce a document
Section 140        Witnesses to character
Section 141        Leading questions
Section 142        When they must not be asked
Section 143        When they may be asked 
Section 144        Evidence as to matters in writing 
Section 145        Cross-examination as to previous statements in writing
Section 146        Questions lawful in cross-examination  
Section 148        Court TO decide when question shall be asked and when
                             witness compelled to answer
Section 151        Iindecent anci scandalous questions
Section 152        Questions intended to insult or annoy
Section 153        Exclusion of evidence to contradict answers to questions testing veracity
                             Question by party to his own witness
Section 155        Impeaching credit of witness
Section 157        Former statements of witness may be proved to corroborate later
                             testimony as to same fact
Section 158        What matters may be proved in connection with proved statement
                              relevant under Section 32 or 33
Section 159        Refreshing memory
Section 160        Testimony to facts stated in document mentioned in Section 159
Section 161        Right of adverse party as to writing used to refresh memory
Section 162        Production of documents
Section 165        Judge's power to put questions or order production
Section 167        No new trial for improper admission or rejection of evidence 
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