The Law of Evidence as Administered in England and Applied to India |
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Page xxii
... judgments of each other How far by judgments of Courts of exclusive jurisdiction Distinction between setting up a judgment as a plea , and insisting on judgment as evidence Of what matters judgment evidence Not of collateral matters .
... judgments of each other How far by judgments of Courts of exclusive jurisdiction Distinction between setting up a judgment as a plea , and insisting on judgment as evidence Of what matters judgment evidence Not of collateral matters .
Page 1
... judgment is to be formed . A man is struck down before one's face . The eye witnesses the scene , and the mind acknowledges its truth . But did the striking down not occur in our presence , so that we could only arrive at its know ...
... judgment is to be formed . A man is struck down before one's face . The eye witnesses the scene , and the mind acknowledges its truth . But did the striking down not occur in our presence , so that we could only arrive at its know ...
Page 6
... Judgment must be matter of nice discrimination ; and where deficiency might exist in the quantity it must be made up for by the quality . We have used above the expressions certainty ' and ' exacti- of probability tude ' in reference to ...
... Judgment must be matter of nice discrimination ; and where deficiency might exist in the quantity it must be made up for by the quality . We have used above the expressions certainty ' and ' exacti- of probability tude ' in reference to ...
Page 7
... judgment , -and were there not some classes of evidence , the insufficiency for reliance on which is obvious on their very face , there might be reason for the adoption of the first principle as the governing one for the guidance of the ...
... judgment , -and were there not some classes of evidence , the insufficiency for reliance on which is obvious on their very face , there might be reason for the adoption of the first principle as the governing one for the guidance of the ...
Page 10
... judgment , which have combined to mould it into its existing form . Even before it had undergone the improvements to which the labors of Mr. Bentham largely served to pave the way , the Translator of his remarkable work on Judicial ...
... judgment , which have combined to mould it into its existing form . Even before it had undergone the improvements to which the labors of Mr. Bentham largely served to pave the way , the Translator of his remarkable work on Judicial ...
Other editions - View all
The Law of Evidence As Administered in England and Applied to India Joseph Goodeve No preview available - 2023 |
The Law of Evidence as Administered in England and Applied to India Joseph Goodeve No preview available - 2018 |
Common terms and phrases
accordingly accused action admissible admitted affirmation apply authority Best on Evidence CHAP Chapter character charge circumstances circumstantial evidence civil collateral conclusion confession contradiction course criminal cross-examination declaration declaration against interest deed defendant dence distinction document DYING DECLARATIONS England English law entry established estoppel examination excluded existence extended fact false falsehood give evidence given hearsay High Court Hindu Law House of Lords Illustration India Indian Act Indian Evidence Act inference inferential instance instrument interest issue Judge judgment judicial Jury knowledge Law of Evidence Lord Lord Denman Mahomedan law marriage matter ment mofussil murder nature necessary oath objection observed Omichund ordinary particular party patent ambiguity perjury person plaintiff possession presumed presumption primâ facie principle proceeding produce proof proved question received reference Reports respect rule sanction says Starkie statement taken Taylor on Evidence testator testimony tion transaction trial truth veracity Vict witness writing
Popular passages
Page 122 - Atheism leaves a man to sense, to philosophy, to natural piety, to laws, to reputation; all which may be guides to an outward moral virtue, though religion 'were not; but superstition dismounts all these, and erecteth an absolute monarchy in the minds of men.
Page 657 - ... or by deposition, according to the practice of the court, on the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or...
Page 131 - ... no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of hie or her alleged adultery.
Page 533 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take...
Page 406 - ... will, a court may inquire into every material fact relating to the person who claims to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs, for the purpose of enabling the court to identify the person or thing intended by the testator or to determine the quantity of interest he has given by his will.
Page 39 - And he commanded the steward of his house, saying, Fill the men's sacks with food, as much as they can carry, and put every man's money in his sack's mouth. And put my cup, the silver cup, in the sack's mouth of the youngest, and his corn money.
Page 260 - If a witness, upon cross-examination as to a former statement made by him relative to the subject-matter of the cause, and inconsistent with his present testimony, does not distinctly admit that he has made such statement...
Page 334 - Name, nor for omitting to state the Time at which the Offence was committed in any Case where Time is not of the Essence of the Offence, nor for stating the Time imperfectly, nor for stating the Offence to have been committed on a Day subsequent to the finding of the Indictment, or on an impossible Day, or on a Day that never happened...
Page 647 - Action shall be depending ; and if upon such Oath or Affirmation any Person making the same shall wilfully and corruptly give any false Evidence, every Person so offending shall be deemed and taken to be guilty of Perjury, and shall and may be indicted and prosecuted for such Offence in the County wherein such Evidence shall be given or in the County of Middlesex if the Evidence be given out of England.
Page 69 - The Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.