What is In suits for damages, facts tending to enable Court to determine amount are relevant? What is Facts relevant when right or custom is in question? Section 12 and 13 of Indian Evidence Act 1872

In suits for damages, facts tending to enable Court to determine amount are relevant and Facts relevant when right or custom are in question is defined under Section 12 and 13 of Indian Evidence Act 1872. Provision under these sections are:

Section 12 of Evidence Act "In suits for damages, facts tending to enable Court to determine amount are relevant"

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.

Section 13 of Evidence Act "Facts relevant when right or custom is in question"
 

Where the question is as to the existence of any right or custom, the following facts are relevant.
(a) Any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;

(b) Particular instances in which the right or custom was claimed, recognized, or exercised, or in which its exercise was disputed, asserted or departed from.

Illustration

The question is, whether A has a right to a fishery. A deed conferring the fishery on As ancestors, a mortgage of the fishery by As father, a subsequent grant of the fishery by As father, irreconcilable with the mortgage, instances in which As father exercised the right, or in which the exercise of the right was stopped by As neighbors, are relevant facts.

What is when facts not otherwise relevant become relevant? Section 11 of Indian Evidence Act 1872

What is In suits for damages, facts tending to enable Court to determine amount are relevant? What is Facts relevant when right or custom is in question? Section 12 and 13 of Indian Evidence Act 1872

What is Facts showing existence of state of mind, or of body or bodily feeling? Section 14 of Indian Evidence Act 1872

What is Facts bearing on question whether act was accidental or intentional? Section 15 of Indian Evidence Act 1872

What is Existence of course of business when relevant Admission defined? Section 16 and 17 of Indian Evidence Act 1872

What is Admission- by party to proceeding or his agent? Section 18 of Indian Evidence Act 1872

What is Admissions by persons whose position must be proved as against party to suit Admissions by persons expressly referred to by party to suit? Section 19 and 20 of Indian Evidence Act 1872

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap