LAW OF EVIDENCE 621
- Two Questions.
I. Is a Judgment a fact.
II. Is a Judgment a transaction.
6. Cal. 171 F.B.
- Comment on 6 Cal. 171. that it is a fact. p. 181.
Fact: (1) Anything state of things, or relation of things capable of being perceived by the senses.
(2) Any mental condition of which any person is conscious.
II Documentary Evidence.
The subject to be dealt with is the proof of the statements made in a document i.e. proof of the contents of a document. Oral Evidence deals with the proof of the statements made verbally by a party.
What are the requirements of the Rule of Best Evidence with regard to the proof of the contents of a Document? There are two requirements—
(i) In certain cases the Evidence must be documentary and not oral.
(ii) In those cases where the Evidence must be documentary that evidence must be primary.
§ Cases where Evidence must be documentary
Many matters are reduced to writing. But because they are reduced to writing, the Law does not require that every such case they shall be proved only by the production of the document. Some may be proved by oral Evidence and others must be proved by documentary Evidence.
For this purpose it is necessary to note that the Indian Evidence Act makes two distinctions—
(1) between documents which are dispositive in character and documents which are non-dispositive in character and
(2) between transactions which are required by law to be in writing and those which are not.