In light of section 33 of the Evidence Act the evidence given by a witness will be admissible o...........

Indian Evidence Act (IEA) 1872 Relevancy of Facts

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In light of section 33 of the Evidence Act, the evidence given by a witness will be admissible only –

(i) If the proceedings was between the same parties, or their representatives in interest.

(ii) If the proceedings was between the same parties and not between their representatives in interest.

(iii) If the adverse party in the first proceeding had the right to cross-examine.

(iv) If the adverse party in the first proceeding had the right and opportunity to crossexamine.

(v) If the questions in issue were substantially same in the first as in the second proceedings.

(vi) If the questions in issue were substantially same in the second as in the first proceedings.

(vii) The question in issue need not to be substantially the same but the proceedings was between the same parties and the adverse party in the first proceeding had the right and opportunity to cross-examine.

Select the correct statements -

(ii) (iv) (v)

(i) (iii) (vi)

(i) (iv) (vii)

(i) (iv) (v)

Explanation:

The use of such secondary evidence is limited by three provisions -
proceedings Question in between the issue were substantially same their the same in parties or representative interest the first as adverse party in the in the first proceeding second
had the right and proceedings opportunity to cross-examine