- Author(s): Sudeep Malik, Surendra Malik
- Publisher: Eastern Book Company
- Edition: 2 Ed 2015
- ISBN 13 9789351451525
- Approx. Pages 5585 + contents
- Delivery Time Normally 7-9 working days
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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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