Search results for: Order 9 Rule 7 (Page 25)

DOCUMENTARY EVIDENCE. 61. Proof of contents of documents.
The contents of documents may be proved either by primary or by secondary evidence.

Comment:
(a) A man may lie but a document will never lie.
Related Case- Afzauddin Ansari v. State of West Bengal, 1997

(b) Admission of a document amounts to admission of its contents and not its truth.
Related Case- Life Insurance Corporation of India v. Narmada Agarwalla, 1993KEEP 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 the burden of proof lies on that person. 

Illustration-
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime.KEEP READING

Witnesses. 118. Who may testify?
All persons shall be competent to testify unless the Court considers that they are prevented from understanding the question put to them, or from giving rational answer to those questions, by tender years, extreme old age, disease, whether of body and mind, or any other cause of the same kind. 

Explanation-
A lunatic is not incompetent to testify, unless he is prevented by his lunacy from understanding the questions put to him and giving rational answers to them.KEEP READING