course has never been taken by a judge before ."
15. Professor Wigmore in his Treaise not he Anglo- American System of Evidence , Volume ... principle and down by edmund burke.
16. At page 268 Professor Wigmore concludes his discussion b stating "that a trial judge
facts had he exercised
ordinary care, as held in many cases' (Wigmore, 1981, para 2491, page 305)
(see also G. Vasu vs. Syed Yaseen ... Amin Chand Pyarelal: 1999 (3) SCC 35.
At page 311, Wigmore quotes Bohler 'The Effect of Rebuttable
Presumptions of Law upon the Burden
frzflra.
Wabster's New World Dietiorc ll955i, page 1160.
R Wigmore F.videoce ... After quoting the well-
known "four fundamental conditions" given by Wigmore for the recognition
of evidentiar privilege, the Supreme Court of Canada held
taken in Gathercole v. Miall (1846) 15 M. & W. 319. In WIGMORE on Evidence, Vol. III, Section 2150, the learned author says with regard
Manoj Kumar vs State Of Kerala
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH
Whether The Building In Question ... vs State
1
ISSUES NO.1 & 1(a)
1
Evidence Obtained Illegaly Or Improperly Proposed Section 166A, Indian ...
~ I LAW COMMISSION 01-" INDIA
unquestionably within public knowledge. (See Taylor, 11th Edn.,
pp. 3-12; Wigmore, Section 2571, footnote;Stephen's Digest, notes to Article
58; Whitley Stokes
2011.
26
further evidence of execution and attestation is
necessary."
24. Wigmore on Evidence - Vol. IV at page 720,
under Note
other unconnected assertions of the plaintiff.
Sarkar (p.814-815) also quotes Wigmore (para 2113) to say that the
"opponent against whom a part
