IEA 50 : Section 50 of the Indian Evidence Act:
Opinion on relationship, when relevant.—When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, or any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact: Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian Divorce Act, 1869 (4 of 1869) or in prosecutions under section 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860). Illustrations
(a) The question is, whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant. Comments Contradiction in evidence of relationship of witness of triffle nature, not material in a partition suit; Gowhari Das v. Santilata Singh, AIR 1999 Ori 61.
India's Important Case Laws and Landmark Judgments on IEA - Section 50 Indian Evidence Act 1872:
Bant Singh & Anr vs Niranjan Singh (D) By Lrs. & Anr on 15 January, 2008 Supreme Court of India
Amar Singh vs Chhaju Singh And Anr. on 31 January, 1972 Punjab-Haryana High Court
Dolgobinda Paricha vs Nimai Charan Misra & Others on 27 April, 1959 Supreme Court of India
Naladhar Mahapatra And Anr. vs Seva Dibya And Ors. on 21 August, 1990 Orissa High Court
Bhogal Paswan And Ors. vs Mt. Bibi Nabihan on 22 August, 1963 Patna High Court
Niranjan Singh (Dead) vs Bant Singh And Ors. on 27 August, 2003 Punjab-Haryana High Court
Milkhi Ram vs Milkhi Ram on 10 January, 1996 Himachal Pradesh High Court
Janki Kahar Alias Jan Ram vs Bideshi Ram And Ors. on 27 February, 1991 Patna High Court
Bant Singh And Anr. vs Niranjan Singh (D) By Lrs. And Anr. on 15 February, 2008 Supreme Court of India
Kamal Singh Thakur vs State Of M.P. on 24 August, 1999 Madhya Pradesh High Court
No comments:
Post a Comment