Law of Evidence - Relevancy of Facts II
Short Note
Introduction
The law of evidence plays a crucial role in determining the admissibility and relevancy of facts presented in legal proceedings. In our previous article, we explored the concept of relevancy of facts in the law of evidence. In this article, we will delve further into the topic by examining the relevancy of facts related to statements made by persons who cannot be found, statements made under special circumstances, and judgments. Understanding these sections of the law is essential for anyone involved in legal proceedings. Let's explore each of these areas in detail.
Statement by Persons who Cannot be Found (Sections 32-33)
Section 32: Admissions against interest
In this section, we will examine the concept of admissions against interest and how they are relevant as evidence, even when the person making the admission cannot be found.
Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
This section deals with the relevancy of certain evidence in subsequent proceedings when the person who made the statement cannot be found. We will discuss the circumstances under which such evidence can be considered.
Statements made under Special Circumstances (Sections 34-39)
Section 34: Entries in books of account
This section discusses the admissibility of entries in books of account as evidence and the conditions under which such entries are considered relevant.
Section 35: Relevancy of entry in public record made in performance of duty
Here, we will explore the relevancy of entries made in public records and their admissibility as evidence when they are made in the performance of official duties.
Section 36: Relevancy of statements in maps, charts, and plans
This section focuses on the relevancy of statements contained in maps, charts, and plans and their admissibility as evidence in legal proceedings.
Section 37: Relevancy of statement as to fact of public nature, contained in certain Acts or notifications
We will discuss the relevancy of statements regarding facts of public nature that are found in certain Acts or notifications and their admissibility as evidence.
Section 38: Relevancy of statements as to the existence of relationship or terms of document with person mentioned in document
This section deals with the relevancy of statements that establish the existence of a relationship or the terms of a document with a person mentioned in the document.
Section 39: What evidence to be given when statement forms part of a conversation, document, electronic record, book, or series of letters or papers
In this section, we will examine the rules regarding the admissibility of evidence when a statement forms part of a conversation, document, electronic record, book, or series of letters or papers.
Judgments (Sections 40-44)
Section 40: Previous judgments relevant to matters stated in subsequent proceedings
Here, we will discuss the relevancy of previous judgments and their admissibility as evidence in subsequent proceedings when they relate to the matters at hand.
Section 41: Relevancy of certain judgments in probate, etc., jurisdiction
This section focuses on the relevancy of certain judgments in probate and similar jurisdictions and their admissibility as evidence in related matters.
Section 42: Relevancy and effect of judgments, orders, or decrees, other than those mentioned in Section 41
We will explore the relevancy and effect of judgments, orders, or decrees that fall outside the scope of Section 41 and their admissibility as evidence.
Section 43: Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant
This section deals with judgments, orders, or decrees that are relevant as evidence, but do not fall within the purview of Sections 40 to 42. We will discuss their admissibility and the circumstances under which they are considered relevant.
Section 44: Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Here, we will examine the provision that allows the proof of fraud, collusion, or incompetency of a court in obtaining a judgment and its relevance in subsequent proceedings.
Conclusion
Understanding the relevancy of facts in the law of evidence is essential for anyone involved in legal proceedings. In this article, we explored the concept of relevancy in statements made by persons who cannot be found, statements made under special circumstances, and judgments. By familiarizing ourselves with the provisions outlined in these sections, we can better comprehend the rules governing the admissibility and relevancy of evidence in various legal situations.
References
Section 32
Section 33
Section 34
Section 35
Section 36
Section 37
Section 38
Section 39
Section 40
Section 41
Section 42
Section 43
Section 44
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