"Evidence" "Evidence" means and includes –

1. All statements which the Court permits or requires to be made before it by witnesses, in relation to
matters of fact under inquiry; such statements are called oral evidence.

2. All documents produced for the inspection of the Court; such documents are called documentary
evidence.

"MAY PRESUME" Whenever it is provided by this Act that the Court may presume a fact, it may either
regard such fact as proved, unless and until it is disproved, or may call for proof of it.

Whenever, it is provided that the Court may presume a fact, the Court may take notice of the fact
without calling for its proof or may call upon a party to prove that fact. Here the Court has discretion to
presume a fact or not to presume it.

"SHALL PRESUME" - Whenever it is directed by this Act that the Court shall presume a fact, it shall
regard such fact as proved, unless and until it is disproved.

Whenever there is a provision to the effect “that the Court shall presume a fact” the Court cannot
exercise its discretion. It is compelled to take the fact as provided, i.e., it shall have to presume the fact.
But in this case the Court will be at liberty to allow the opposite party to adduce evidence to disprove
the fact so presumed and if the opposite party is successful in disproving it, the Court shall not presume
the fact. The term “shall be presumed” means that the court is bound to take the fact as proved until
the evidence is adduced to disprove it, and the party interested in disproving must produce such
evidence if he can.

"CONCLUSIVE PROOF" - Where one fact is declared by this Act to be conclusive proof of another, the
Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be
given for the purpose of disproving it.

Whenever it is mentioned that a fact is a “conclusive proof” of another fact, the Court has no discretion
at all. It cannot call upon a party to prove that fact nor can it allow the opposite party to adduce
evidence to disprove the fact. When one fact is declared by law to be conclusive proof of another, the
Court cannot allow evidence to be given in rebuttal.
ADMISSION - An admission is a statement, oral or documentary which suggests any inference as to any
fact in issue or relevant fact, and which is made by any of the persons and under the circumstances
hereinafter mentioned.

 Admission to be taken as whole. One part of the admission cannot be accepted and the other
part rejected. Admission to be taken as whole and conviction cannot be based on this evidence.

 Admissions are not conclusive proof of the matter There cannot be any doubt that the
statement of defendant in her written statement and deposition about the adoption of plaintiff
to the deceased is an admission within

OPINIONS OF EXPERTS When the Court has to form an opinion upon a point of foreign law, or of
science, or art, or as to identity of hand writing 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 person called experts.

BURDEN OF PROOF: Whoever desires any Court to give judgment as to any legal right or liability
dependent on the existence to facts which he asserts must prove that those facts exist. When a person
is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

ON WHOM BURDEN OF PROOF LIES – The burden of proof in a suit or proceeding lies on that person
who would fail if no evidence at all were given on either side.