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The Indian Evidence Act: a Critical Commentary Covering Emerging Issues and International Developments / by V Nageswara Rao

By: Material type: TextTextPublication details: Gurgaon: LexisNexis Publications, 2023Edition: 3th edDescription: 1218p.; 24cmISBN:
  • 9789388548205
Subject(s): DDC classification:
  • 347.0654 RAO
Contents:
Contents Chapter I: Introduction, Definitions and Kinds of Evidence Chapter II: Presumptions Chapter III: Theory of Relevancy Chapter IV: Relevant Facts—Part I Chapter V: Admissions Chapter VI: Relevant Facts—Part III Chapter VII: Statements by Persons Unavailble Chapter VIII: Statements in Special Circumstances Chapter IX: Relevancy of Judgments of Courts Chapter X: Opinion Evidence Chapter XI: Relevance of Character Evidence Chapter XII: Facts which Need not be Proved Chapter XIII: Oral Evidence Chapter XIV: Of Documentary Evidence Chapter XV: Proof of Execution and Attestation Chapter XVI: Public Documents and Presumptions Chapter XVII: Exclusion of Oral by Documentary Evidence Chapter XVIII: Burden of Proof Chapter XIX: Proof of Legitimacy Chapter XX: Estoppel Chapter XXI: Witnesses Chapter XXII: Compellability of Witnesses Chapter XXIII: Examination of Witnesses
Summary: about one and half centuries have elapsed since the Indian Evidence Act has been enacted in 1872 and the Act, as expertly drafted by Sir James Fitz James Stephen, has survived in all its pristine glory, the turmoil and turbulence of two World Wars and a long-drawn nationalistic Independence Movement. The Act has been in force, mutatis mutandis, in many other erstwhile British colonies, including India's immediate neighbors like Pakistan, Sri Lanka etc. and in Asia and Africa. Barring few changes necessitated by the emergence of electronic era and organized crime and terrorism, the Act has not undergone ant noteworthy changes. The Law Commission of India has also on occasions reviewed the functioning of specific provisions of the Act, and, in 1977 under the Chairmanship of Justice PB Gajendragadkar, and in 2003 under the Chairmanship of Justice M. Jagannadha Rao, submitted scholarly and through-going Reports on the functioning of the entire Indian Evidence Act. Though various important suggestions have been made in both the above reports, there were no proposals for any overhauling of the Act.
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Contents
Chapter I: Introduction, Definitions and Kinds of Evidence
Chapter II: Presumptions
Chapter III: Theory of Relevancy
Chapter IV: Relevant Facts—Part I
Chapter V: Admissions
Chapter VI: Relevant Facts—Part III
Chapter VII: Statements by Persons Unavailble
Chapter VIII: Statements in Special Circumstances
Chapter IX: Relevancy of Judgments of Courts
Chapter X: Opinion Evidence
Chapter XI: Relevance of Character Evidence
Chapter XII: Facts which Need not be Proved
Chapter XIII: Oral Evidence
Chapter XIV: Of Documentary Evidence
Chapter XV: Proof of Execution and Attestation
Chapter XVI: Public Documents and Presumptions
Chapter XVII: Exclusion of Oral by Documentary Evidence
Chapter XVIII: Burden of Proof
Chapter XIX: Proof of Legitimacy
Chapter XX: Estoppel
Chapter XXI: Witnesses
Chapter XXII: Compellability of Witnesses
Chapter XXIII: Examination of Witnesses

about one and half centuries have elapsed since the Indian Evidence Act has been enacted in 1872 and the Act, as expertly drafted by Sir James Fitz James Stephen, has survived in all its pristine glory, the turmoil and turbulence of two World Wars and a long-drawn nationalistic Independence Movement. The Act has been in force, mutatis mutandis, in many other erstwhile British colonies, including India's immediate neighbors like Pakistan, Sri Lanka etc. and in Asia and Africa. Barring few changes necessitated by the emergence of electronic era and organized crime and terrorism, the Act has not undergone ant noteworthy changes. The Law Commission of India has also on occasions reviewed the functioning of specific provisions of the Act, and, in 1977 under the Chairmanship of Justice PB Gajendragadkar, and in 2003 under the Chairmanship of Justice M. Jagannadha Rao, submitted scholarly and through-going Reports on the functioning of the entire Indian Evidence Act. Though various important suggestions have been made in both the above reports, there were no proposals for any overhauling of the Act.

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