... ACT: Evidence Act (1 of 1872), s. 122--Letters from husband to wife containing defamatory matter of third persons--Husband prosecuted to defamation--Whether letters...under s. 122 of the Evidence Act, 1872, against the first respondent, and discharged him. The Court of Session set aside the order but the High Court restored it. While the appeal against the order of...spouse to another of a matter defamatory of another person does not amount to publication has no application in India, and s. 122 of the Indian Evidence Act does not prohibit proof in the Court by the...

...defamatory of another person does not amount to publication has no application in india, And s. 122 of the indian evidence act does not prohibit proof in the court by the complainant of the letters written...the letters addressed by him to his wife are not - except with his consent admissible in evidence by virtue of s. 122 of the indian evidence act, And since the only publication pleaded is publication...to his wife, And she is prohibited by law from disclosing those letters, No offence of defamation could be made out. So stated, The proposition is, In our judgment, Not sustainable. S. 122 of the indian evidence ...

...told her, though this offends the provisions of S. 122, Evidence Act. It will be furter noticed that the main point for consideration in this case is whether the confession...confession before a complaint is made and investigation begins, it is a confession made by an accused person within the meaning of S. 24, Evidence Act. As observed in the Full...confession must be regarded as one made by an accused, within the meaning of S. 24, Evidence Act.10. The next point that deserves consideration is the word...

...evidence which is not barred under s. 122 of the Evidence Act or other provisions of the Act can be given. 15. In a recent judgment of the House of Lor...evidence on the ground of public policy. Accordingly except where the spouse to whom the communication is made is a witness and claims privilege from disclosure under the Criminal Evidence Act. 1898, (of which the terms are...evidence of the wife of the accused, he may be met with the bar of S. 122 of the Indian Evidence Act. Whether he will be able to prove the letters in any other manner is a matter which must be left to be...

...provision u/s. 122, Indian Evidence Act is based on the wholesome principle of preserving domestic peace & conjugal confidence between the spouses during coverture. The exceptions als.... Section 122 of the Evidence Act prevents such disclosure. Communication between the husband & the wife during coverture is privileged &...language in Section 122 of the Evidence Act obviously refers to such crimes as assault, or bodily injuries, wrongful...

.... Privileges of parties to a proceeding generally are to be found in the Indian Evidence Act I of 1872, particularly such sections as S. ...The revision proceeding involves a point of some interest, with regard to the precise effect of S. 137(1) and (2) of the Incometax Act 43 of 1961, in relation to....The privilege is sought to be based upon Sec. 137 (1) and (2) of the Incometax Act 43 of 1961, and on certain observations of Mockett J. in Velayudham...

...public policy. Accordingly except where the spouse to whom the communication is made is a witness and claims privilege from disclosure under the Criminal Evidence Act. 1898, (of which the terms are simila...Sec. 122 of Indian Evidence Act relating to privileged communication between husband and wife. By the time matter reached the Supreme Court, wife Rathi had obtained decree of nullity.... Section 122 of the Evidence Act only prevents disclosure in giving evidence in court of the communication made by the...

...directed his mind to the vital question as to whether there was proof of acceptance within the meaning of S. 3, Evidence Act. It has been argued here by counsel for the respondents that the only a...circumstantial evidence at all, we must consider it. It has been argued by counsel for the appellant that the law in India based upon S. 122. T.P Act, is similar to the Common Law of...Muhammad Abdul Nayeem…Plaintiff v. Jhonti Mahton Another…Defendant .. We however are not prepared to go so far. If S. 122 stopped short at saying that...

...whether letters written by a wife to her husband strictly about her marital relations would not be her privileged document. But under S. 122 of the Evidence Act. In suits...evidence on the record in a given case and in view of S. 3 of Evidence Act indicating as to how the ‘fact in issue’, can be said to be proved, it has been provided that a fact...relevant piece of evidence on the basis of preponderance of probabilities it can be said that ‘the cruelty’, was proved.13. Under S. 23 of the Act, however, it has been provided that...

...Section 122(1)(c) of the Act evidence is required as to when the competent authority specifically identified the offender/s for initiating action under Section 109 of the Act an...1. A common question as to the interpretation of Section 122 of the Army Act, 1950 ('the Act' for...contention before the learned single Judge is that the General Court Martial ordered by the second respondent is barred by limitation in terms of Section 122 of the Act. The learned single Judge...

...Section 120 of the Evidence Act, the wife of an accused person is a competent witness. Under S. 122 the wife is not...Section 122 of the Evidence Act. It is urged on behalf of the Crown that objection was taken only to the threat which was given by the...Section 122 of the Evidence Act. In any case her statement, amounted to no more than this: that in consequence of certain...

...the plff. As regards express acceptance. He never directed his mind to the vital question as to whether there was proof of acceptance within the meaning of s. 3 evidence act. It has been argued he...which presumes acceptance of a gift was not applicable to india and concludes that part of the discussion by stating that there is no difficulty in reading into s. 122 t. P. Act that the acceptanc...laid down by the transfer of property act. See mulla's transfer of property act p. 749 and 750 under head "acceptance" and "hindu law" mulla's commentaries to s. 122 of the transfer of property act...

...filed a Civil Suit being Title Suit No. 122 of 1966 against the Zamindar Kalicharan Nag Chowdhury and others including the State of West Bengal for declaration of title, confirmation of possession and...Title Suit No. 122 of 1966. The said application was duly received by the Settlement Officer but the record of rights was not corrected.8. The learned advocate of the petitioner further...competent Civil Court in Title Suit No. 122 of 1966. The petitioner thereafter submitted a representation before the S.D.O, Basirhat for cancelling the order of the Junior Land Reforms Officer-II. Said...

...is sufficient evidence of acceptance as is required under S. 122 of Transfer of Property Act. Mr. Sahu futher contended that the property in question was under the...conditions mentioned in S. 122 of the Transfer of Property Act.8. Mr. Sudhis Dasgupta, learned senior counsel appearing on behalf of the appellant contended...the provision of S. 122 of Transfer of Property Act. Mr. Sahu thereafter contended that there could be no valid embargo in a deed of gift, which may put any restriction on...

...contravention of s 94 of the Evidence Act. This issue shall be addressed in greater detail at [122]-[123] below. It remains to be noted that proviso (f) to s 94 was not discussed in Sandar Aung. Thus...of the Indian Evidence Act. The Singapore Court of Appeal, after setting out the section, held:“77 … The somewhat narrow wording of s 96, which refers to the...therefore not be read too restrictively. Like s 95 of the Evidence Act, s 96 should be viewed as prescribing a common-sense limit on the use of extrinsic evidence which has been admitted under proviso...

...Section 106 of the Evidence Act, it was in my opinion, certainly within his powers under S. 114, especially in..., in some cases, of fact (S. 114) in his favour.”7. To the sections mentioned by the learned authors in paranthesis, might be added Sections 79-90 of the Evidence Act...rejected) in the decisions is one of fact or of law, something which the Court may presume or shall presume: see (Evidence Act, S. 4). For this purpose it is advisable to see whether the decision cited...

...the plaintiff were not voluntary as contemplated under S. 122 of the Transfer of Property Act, (hereinafter called the Act). Moreover, the lower appellate Court after discussing the entir...to the plaintiff and that he was not rendering any services to him, then it was for the defendants to prove that the gift deeds were voluntarily executed by the plaintiff. S. 122 of the Act, reads...any cogent evidence on the record to prove the alleged fraud or misrepresentation, if any. According to the learned counsel, the alleged fraud is to be established beyond reasonable doubt. Mere...

...accepting the evidence of a single witness. Reference in this connection is made to s. 134 of the Indian Evidence Act (1 of 1872) which lays down that no particular number of witnesses shall in any case be...) 165 CITATOR INFO : D 1967 SC 122 (20) RF 1968 SC 236 (9) ACT: Industrial Dispute--Requirements of...required for the proof of any fact. It is not a question of an error in applying the Evidence Act. It is rather a question of proceeding with caution in a case where admittedly many persons were...

...consideration any immovable property (for the purpose of Section 53-A of the 1882 Act) is registered, it shall not have any effect in law, other than being received as evidence of a contract in a suit for...specific performance or as evidence of any collateral transaction not required to be effected by a registered instrument. Section 17(1-A) and Section 49 of the Registration Act, 1908, as amended...Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877) or as...

...consider now is whether in the case of the 1st petitioner in SCA No. 122/84 he should be permitted to be examined as a witness. S. 132 of the Evidence Act deals with the...can invoke the protection of the proviso to S. 132 of the Indian Evidence Act against use of those answers in the criminal proceedings. The Court also noticed the statement...Sea Customs Act when criminal proceedings for offences under S. 120-B of the Indian Penal Code read with S. 135 of the Sea Customs Act, R. 131-B of the Defence of India...