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
