The Indian Evidence Act, No. I of 1872: As Amended By Act No. Xviii of 1872 ...
The Indian Evidence Act, No. I of 1872: As Amended By Act No. Xviii of 1872 ...
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55. In civil cases, the fact that the character cf any person is such as to affect the afiecting da- amount of damages which he ought °^^ to receive, is relevant.
Explanation. — In sections fifty-two, fifty-three, fifty-four and fifty-five, the word ' character ' in- cludes both reputation and disposition ; but [ex- cept as provided in sec. 54] evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
Scop...e of the Section.— According to the law of England, not only evidence of general bad character in mitigation of damages is ad* miflsible, but the defendant may even prove particular acts of im* morality and indecorum. This section, however, shuts out evidence of particular acts, and admits evidenoe of general character only.
Instances. — (a). In actions of breach of promise of marriage, the defendant may prove in mitigation of damages that the plaintiff is a person, either of bad character, or of coarse and brutal manners.— Taylor, sec 368.
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To quickly assess the difficulty of the text, read a short excerpt:
55. In civil cases, the fact that the character cf any person is such as to affect the afiecting da- amount of damages which he ought °^^ to receive, is relevant.
Explanation. — In sections fifty-two, fifty-three, fifty-four and fifty-five, the word ' character ' in- cludes both reputation and disposition ; but [ex- cept as provided in sec. 54] evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
Scop...e of the Section.— According to the law of England, not only evidence of general bad character in mitigation of damages is ad* miflsible, but the defendant may even prove particular acts of im* morality and indecorum. This section, however, shuts out evidence of particular acts, and admits evidenoe of general character only.
Instances. — (a). In actions of breach of promise of marriage, the defendant may prove in mitigation of damages that the plaintiff is a person, either of bad character, or of coarse and brutal manners.— Taylor, sec 368.
What to read after The Indian Evidence Act, No. I of 1872: As Amended By Act No. Xviii of 1872 ...?
You can find similar books in the "Read Also" column, or choose other free books by India, Tarapada Banerji to read onlineMoreLess
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