LAW OF EVIDENCE 541
where the remedy is sought to be enforced and where the court sits to enforce it.
The law of evidence which governs the proceedings before a court is the Ax fori .
This provision of the Evidence Act is an exception to this general principle.
II. Affidavits.
Ordinarily the evidenced witnesses shall be taken orally in open Court in the presence and under the personal direction and superintendence of the Judge (Order 18 R. 1. Cl. P. C).
An Affidavit is a evidence contained in a statement or a declaration in writing on oath or affirmation before a person having authority to administer oath or affirmation.
Matters relating to affidavit are regulated by the Civil Procedure Code.
4. Affidavit is evidence not taken before the Court and not subjected to cross examination.
- The safeguards for truth in affidavits are two :
(i) Provisions for the production of the witness for cross Examination.
(ii) Provisions of the Penal Law relating to giving of false evidence.
III. Proceedings of the Arbitrator.
He gives rough and ready justice and cannot be bound by the technicalities of the Law of Evidence.
§ Proper approach to the study of the Evidence Act.
- The Indian Evidence Act divides the subject matter of evidence into three parts :
Part I deals with Relevancy of facts—what facts can be proved.
Part II deals with Proof.
Part III deals with Production and Effect of Evidence— Burden of Proof.