The Law of Evidence as Administered in England and Applied to India

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Thacker, Spink & Company, 1871 - Evidence (Law) - 702 pages
 

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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.

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