Evidence Law Notes for Evidence Law Notes

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Burden of proving fact which is in specific knowledge of the party

Section 30 of the Evidence Act 2031 states that , any fact which is specific knowledge of the party to the litigation , it should be proved by the same party to the satisfaction of the court , for example , in a charge for travelling train without ticket, the party claiming that he/she had a ticket at the given time , must prove it by himself/herself. It is a fact within special knowledge of him/her. This rule does not cover facts like intention, motive even though they are within special knowledge of the party concerned.

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