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 orKEEP READING
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 applyKEEP READING
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 toKEEP READING
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 writingKEEP READING
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 ActKEEP READING
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 theKEEP READING
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 AKEEP READING
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-KEEP READING
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 toKEEP READING
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 inKEEP READING
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 actKEEP READING
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 whoKEEP READING
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 haveKEEP READING
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 thatKEEP READING
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. ReadKEEP READING
111. Proof of good faith in transactions where one party is in relation of active confidence. Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the goodKEEP READING
