“The Act gives a number of words and phrases a special and precise meaning and in construing any particular provision of the Act it is essential to give effect to that meaning. Section 2 contains a definition of “fact in issue” which is far from including every allegation which might properly be made or denied in a pleading. The definition reads- ‘ “fact in issue” includes any fact from which either by itself or in connection with other facts the existence, non-existence, nature or extent of any right, liability or disability asserted or denied in any suit or proceeding necessarily follows. ‘ Fact “directly in issue” is not defined. Section 6 declares that evidence may be given of facts in issue and of “such other facts as are hereinafter declared to be relevant”. Section 9(1) states that “any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact”, which indicates that facts showing motive are not in the ordinary case to be included among the facts in issue but among the other facts declared to be relevant.”
INTERPRETATION OF STATUTE – Sections 2, 6 And 9(1) Of The Evidence Act – Interpretation of Sections 2, 6 and 9(1) of the Evidence Act as to whether facts showing motive amount to facts in issue
INTERPRETATION OF STATUTE – Sections 229 And 230 of The Criminal Procedure Code – Interpretation of Sections 229 and 230 of the Criminal Procedure Code on oath taking by a witness giving evidence in trial before the High Court and the Magistrates CourtsINTERPRETATION OF STATUTE – Sections 115 And 119 of The Penal Code – Interpretation of Sections 115 and 119 of the Penal Code with respect to gifts accepted by a public servant