Law: Evidence Act, (1 of 1872)

Section: 91,145,117

Law: Opium Act, (I of 1878)

Section: 5,23

Law: Punjab Revenue Act, (XVII of 1887)

Section: 158(2)(xiv)

Law: Punjab Excise Act, 1914

Section: 9,42,60

(a) Evidence Act (I of 1872)------- ----S. 91-Proof of the fact that a certain excise license was issued is distinct from proof of "contents" of the licence-Section inapplicable. What section 91, Evidence Act says is that if it is intended to prove the terms of a contract etc., which happens to have been reduced to writing or to prove the contents of a docu­ment which the law requires to be in writing, the document itself should be produced or that secondary evidence may be given of its terms or contents, as the case maybe, in cases where secondary evidence is admissible. Where it is not the contents of certain excise licences which are intended to be proved but the fact that the licences were actually issued, section 91 is inapplicable. (b) Evidence Act (I of 1872)------- ----S.145-Document intended to be proved as a whole against author-Section 145, whether applicable. It was contended that the plaintiff's attention was not specifically drawn to such parts of the documents written by him as were to be used for the purpose of contradicting him and that what he admitted was only that he had signed the document. Held, that this was not a. very forceful contention in the context of facts inasmuch as the documents were intended to be proved as a whole for the purpose of showing that the plaintiff had made applications as a licensee. It is elementary that when, you ask a person whether he has signed a document-not as a witness-the intention is to ascribe its authorship to him. Nevertheless, there is some merit in the language of sec­tion 145-for it might be a lengthy document that is intended to be proved, and the witness might have some explanation for making a particular statement which he could furnish if con­fronted with that very statement and the significance of which might be lost on him if he is confronted with the document as a whole. (c) Punjab Excise Act (I of 1914)------ ----S. 9-Excise Commis­sioner appointed but appointment not notified-Appointment not invalid. If powers are given although not notified, there is nothing wrong in the exercise thereof. The language of section 9 of the Excise Act is no more than directory. It merely says that an Excise…

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