What is Fraud or collusion in obtaining judgment, or in competency of Court, may be proved? What is Opinions of experts? Section 44 and 45 of Indian Evidence Act 1872

Fraud or collusion in obtaining judgment, or in competency of Court, may be proved and Opinions of experts are defined under section 44 and 45 of Indian Evidence Act 1872. Provisions under these sections are:

Section 44 of Evidence Act "Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved"

Any party to a suit or other proceeding may show that any judgment, order or decree which is relevant under section 40, 41 or 42 and which has been proved by the adverse party, was delivered by a Court not competent to deliver it, or was obtained by fraud or collusion.

Section 45 of Evidence Act "Opinions of experts"

When the Court has to form and opinion upon a point of foreign law or of science or art, or as to identity of handwriting [ or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, [ or in questions as to identity of handwriting ] [ or finger impressions ] are relevant facts.

Such persons are called experts.

Illustrations

(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.

(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the Act, or that he was doing what was either wrong or contrary to law.

The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.

(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.

The opinions of experts on the question whether the two documents were written by the same person or by different persons are relevant.

What is admission not conclusive proof, but may estop? What are Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant? Section 31 and 32 of Indian Evidence Act 1872

What is Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated? Section 33 of Indian Evidence Act 1872

What is Entries in books of account when relevant? What is Relevancy of entry in public record made in performance of duty? Section 34 and 35 of Indian Evidence Act 1872

What is Relevancy of statements in maps, charts and plans? What is Relevancy of statement as to fact of public nature, contained in certain acts or notifications? Section 36 and 37 of Indian Evidence Act 1872

What is Relevancy of statements as to any law contained in law-books? What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers? Section 38 and 39 of Indian Evidence Act 1872

What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction? Section 40 and 41 of Indian Evidence Act 1872

What is Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41? Section 42 of Indian Evidence Act 1872

What is Judgment, etc., other than those mentioned in sections 40 to 42, when relevant? Section 43 of Indian Evidence Act 1872

What is Fraud or collusion in obtaining judgment, or in competency of Court, may be proved? What is Opinions of experts? Section 44 and 45 of Indian Evidence Act 1872

What is Facts bearing upon opinions of experts? What is Opinion as to handwriting, when relevant? What is Opinion as to digital signature where relevant? Section 46, 47 and 47a of Indian Evidence Act 1872

What is opinion as to existence of right or custom, when relevant? What is opinion as to usage, tenets, etc., when relevant? What is opinion on relationship, when relevant? Section 48, 49 and 50 of Indian Evidence Act 1872

 

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