27Sep 2018 by admin

Section 74 of the Indian Evidence Act, 1872

Communications
Public documents:The following documents are public documents: Image Source: royalholiday.travel ADVERTISEMENTS: (1) Documents forming the acts, or records of the acts—(i) Of the sovereign authority,(ii) Of official bodies and tribunals, and(iii) Of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country; ADVERTISEMENTS: (2) Public records kept in any State of private documents.Comments: The Evidence Act has divided documents into two categories, namely—(1) Public documents, and (2) Private documents. What is a public document has been defined in Section 74, Section 75 provides that which are not public documents are private documents. Sections 76 to 78 deal with method of proof of public documents. Public documents: ADVERTISEMENTS: Section 74 provides that following documents are public documents:(i) The Acts or records…
Read More
27Sep 2018 by admin

Section 76 of the Indian Evidence Act, 1872

Law
Certified copies of public documents:Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies. Image Source: getaos.com ADVERTISEMENTS: Explanation:Any officer who, by the ordinary course of official duty, is authorized to deliver…
Read More
27Sep 2018 by admin

Section 86 of the Indian Evidence Act, 1872

Government
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 be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records. Image Source: newsinmind.com ADVERTISEMENTS: An officer who, with respect to any territory or place not forming part of India or Her Majesty’s dominions, is a Political Agent therefore, as defined in Section 3, clause (43), of the General Clauses Act, 1897 (10 of 1897), shall,…
Read More
27Sep 2018 by admin

Section 84 of the Indian Evidence Act, 1872

Government
Presumption as to collections of laws and reports of decisions:The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country,— and of every book purporting to contain reports of decisions of the Courts of such country. Image Source: nationalvapeassociation.org ADVERTISEMENTS: Comments: This section has to be read with Section 38 which makes relevant statements as to any law and rulings contained in officially printed books of any country. Under section 84 the court shall presume the genuineness of law book or report printed and published under the authority of the concerning Government. It also dispenses with the proof of genuineness of the officially printed books of any…
Read More
27Sep 2018 by admin

Section 88 of the Indian Evidence Act, 1872

Identity
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 court shall not make any presumption as to the person by whom such message was delivered for transmission. Image Source: cdn0.notonthehighstreet.com ADVERTISEMENTS: Comments: The presumption under section 88 is only with regard to the message transmitted. Under this section the court may presume that a telegraphic message forward from the telegraph office to the addressee corresponds with a message delivered for transmission, but not to make any presumption as to the person by whom such message was sent.This section only concerns with the…
Read More
27Sep 2018 by admin

Section 90 of the Indian Evidence Act, 1872

Law
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 to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Image Source: businessrecords.com ADVERTISEMENTS: Explanation: Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if…
Read More
27Sep 2018 by admin

Section 107 of the Indian Evidence Act, 1872

Essays
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 who affirms it. Image Source” images.rapgenius.com ADVERTISEMENTS: Comments: Sections 107 and 108 have to be read together, because both the sections are complementary to each other. Section 107 is based on the principle of continuity of life whereas Section 108 is regarded as proviso to Section 107. Whereas Section 107 deals with the presumption of continuance of life, Section 108 with the presumption of death. Section 107 is merely a deduction from this presumption.Principle:Section 107 lays down that if a person is proved…
Read More
27Sep 2018 by admin

Section 101 of the Indian Evidence Act, 1872

Trade
Burden of proof:Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.Illustrations: (a) A desires a Court to give judgment that  shall be punished for a crime which A says  has committed.A must prove that  has committed the crime. ADVERTISEMENTS: (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which be asserts, and which  denies, to be true.A must prove the existence of those…
Read More
27Sep 2018 by admin

Section 105 of the Indian Evidence Act, 1872

Law
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, (45 of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Image Source: i.ytimg.com ADVERTISEMENTS: Illustrations: (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.The burden of proof is on A.(b) A, accused of murder, alleges, that by grave and sudden provocation, he was deprived of the power of self-control.…
Read More
27Sep 2018 by admin

Legal Procedures Regarding Transfer of Criminal Cases from one Court to another in India

Law
Legal procedures regarding Transfer of Criminal Cases from one Court to another in India are as follows:(i) Powers of the Supreme Court to transfer cases(ii) Powers of High Courts to transfer cases ADVERTISEMENTS: (iii) Powers of Sessions Judges to transfer cases(iv) Withdrawal of cases by a Judicial Magistrate(v) Transfer or withdrawal of cases by District Magistrate and Sub- Divisional Magistrates.All these five types of transfer are discussed below in necessary details. Image Source: transfer-solutions.info (i) Powers of the Supreme Court to transfer cases: ADVERTISEMENTS: S. 406 of the Code provides that whenever it is made to appear to the Supreme Court that it is expedient to do so for the ends of justice, it may direct that a particular case or appeal be transferred—(a) From one High Court to another…
Read More