An issue, in the sense relevant to issue estoppel, is a decision as to the legal consequences of particular facts, constituting a necessary step in determining what are the legal rights and duties of parties resulting from the totality of facts.

Issue-estoppel is concerned with the judicial establishment of a proposition of law or fact between parties. It depends upon well-known doctrines that control the re-litigation of issues, which are settled by prior litigation. The doctrine applies as much in the case of criminal proceedings as in civil proceedings.

Cases in which statement of relevant Facts by Person who is dead, or cannot be found etc. is relevant. - Section 32.The Section relates to statements made by the following categories of persons:

• person who is dead, or

• who cannot be found, or

• who has become incapable of giving evidence, or

• whose attendance cannot be procured, without an amount of delay and expense, which, under the circumstances of the case, appears to the court as unreasonable

Such statements are relevant facts in the following cases:

1. when it relates to the cause of death

2. When the statement is made in the ordinary course of business.

3. When the statement is against the pecuniary or proprietary interest of the person making it.

4. When the statement gives opinion as to public right or custom.

5. When the statement relates to the existence of any relationship by blood, marriage or adoption between persons.

6. Is made in Will or deed relating to family affairs

7. When the statement is contained in any deed, will or other document which relates to any transaction by which right or custom in question was creates, claimed, modified, recognised, asserted, or denied, or which was inconsistent with its existence

8. When the statement was made by a number of persons, and expressed feelings or impressions on their part relevant to the matter in question.

Evidence given by a witness in judicial proceedings, or before any person authorized in law to take it, is relevant for the purposes of proving in subsequent judicial proceeding or in later stage, when the witness could not be called again, for the reason that he is dead etc. (Section 33).The previous evidence given is now relevant subject to -

• That the proceeding was between the same parties or their representatives in interest.

• That the adverse party in the first proceeding had the right and opportunity to cross examine

• That the questions in issue were substantially the same in the first as in the second proceeding.

What is the meaning of Dying Declaration?
Statement of the deceased to a Police Officer on the basis of which investigation was commenced is capable of serving as a Dying Declaration
[State of Assam Vs. Bhelu Sheikh AIR 1989 SC 1097].

Section 32(1) of the Act says that when the statement is made by a person as to the cause of his death, or as to any the circumstances of the transaction, which resulted in his death, in cases in which the cause of that person's death comes into, question, such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the case of his death comes into question.

Here, the statement must be as to the cause of the death of the declarant's death or as to any of the circumstances of the transaction, which resulted in his death that is the cause, and circumstances of the death. A statement made by a person since deceased, as to the cause of the death of another, is inadmissible in evidence. The statement of one dead person is not a relevant fact with respect to the question about the death of another person.

The rule laid down in Khushal Rao Vs. State of Bombay, AIR 1958 SC 22 was that the statement made by the deceased should be consistent throughout. If the deceased had several opportunities of making such dying declaration, that is to say, if there are more than one dying declarations they should be consistent. If a dying declaration is found to be voluntary, reliable and made in a fit mental condition it can be relied upon without even any corroboration.

A dying declaration is not a deposition in court and it is made neither on oath nor in the presence of the accused. Resultantly it cannot be tested by cross-examination on behalf of the accused. A dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence on the principal of necessity.

Hence, dying declaration is the statement made by a person as to the cause of his death or as to the circumstances of the transaction resulting in his death. The grounds of admission are: firstly, necessity for the victim being generally the only principal eye-witness to the crime, the exclusion of the statement might defeat the ends of justice; and secondly, the sense of impending death, which creates a sanction equal to the obligation of an oath. The general principle on which this species of evidence is admitted is that they are declarations made in extremity, when the party is at the point of death and when every hope of this world is gone, when every motive to falsehood is silenced, and the mind is induces by the most powerful considerations to speak the truth; a situation so solemn and so lawful is considered by the law as creating an obligation equal to that which is imposed by a positive oath administered in a Court of Justice.

The principle on which dying declaration is admitted in evidence is indicated in legal maxim "nemo moriturus proesumitur mentiri - A man will not meet his maker with a lie in his mouth"

Where there are more than one statement in the nature of dying declaration, one first in point of time must be preferred. Of course, if the plurality of dying declaration could be held to be truth worth and reliable, it has to be accepted.

• Entries in books of accounts are relevant, if

  • if such entries are regularly kept in the course of business

  • they refer to a matter into which the court has to inquire

  But such statements shall not alone be sufficient to charge any person with liability.(Section 34)

• Entries in Public or other official book, register, Record, or an electronic record, stating a fact in issue or relevant fact and made in performance of official duty, or duty specially enjoined by any law of the country, by a public servant or any other person is a relevant fact. (Section 35

• Statements of fact in issue or relevant facts made in published maps, or charts, generally offered for public sale or in maps or plans made under the authority of the Central, State Governments are relevant facts. (Section 36)

• When the Court has to form an opinion as to existence of any fact of public nature any statement of it made in a recital of any statute of Government of India or States is a relevant fact. (Section 37)

• When the Court has to form the opinion as to a law of any country, any statements of such law contained in a book purporting to be printed or published under the authority of the Government of that country to contain any such law, any report of a ruling of the Courts of such country contained in a book purporting to be a report of such ruling, is relevant. (Section 38)

What evidence is to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers?

In such cases evidence shall be given so much and no more of the statement, conversation, document, electronic record, book or series of letters or papers, as the Court considers necessary for a full understanding of the nature and effect of the statement.

• Previous judgements relevant to bar a second suit or trial (Section 40). However judgements of criminal courts not conclusive proof to decide disputes in civil suits ( 1997 (3) ALD 74l = 1997(3) ALT 562)

• Relevancy of certain judgements in probate etc., jurisdiction. A final judgement, order or decree of a competent court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction,-

  1. which confers upon or takes away from any person legal character, or

  2. which declares a person to be entitled to any such character

  3. to be entitled to any specific thing, not against any specific person, but absolutely,

  is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.(Section 41)

• Relevancy and effect of judgements, orders or decrees other than those mentioned in Section 41. These are relevant if they relate to matters of a public nature relevant to the enquiry; but such judgements, orders or decrees are not conclusive proof of that which they state. (Section 42)

• Judgements etc., other than those mentioned in Sections 40 to 42 when relevant. They are relevant unless the existence of such judgement, order or decree is a fact in issue or is relevant under some other provisions of this Act. (Section 43)

• Fraud or collusion in obtaining judgement, or incompetency of court, may be proved. Any party to a suitor other proceedings may show that any judgement, order or decree, which is relevant under Section 40, 41 or 42 (Section 44)

• Opinion of experts or persons specially skilled persons in the respective discipline are relevant facts, when the court has to form an opinion upon a point of -

  1. Foreign law or

  2. Science, or

  3. Art, or

  4. Identity of handwriting, or

  5. Finger-impressions(Section 45)

• acts, not otherwise relevant, are relevant, if they support or are inconsistent with the opinion of experts, when such opinions are relevant (Section 46)

• When the court has to form an opinion as to the person by whom the document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written, or signed that it was or was not written or signed by that person, is a relevant fact. (Section 47)

  Explanation - A person is said to be acquainted with the handwriting of another person-,

  1. When he has seen that person write, or

  2. When he has received documents purported to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or

  3. When in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him

• When the court has to form an opinion as to the digital signature of any person, the opinion of the certifying authority, which has issued the digital signature Certificate, is a relevant fact. (Section 47-A)

• When the Court has to form an opinion as to existence of any general custom or right, the opinion, as to the existence of such custom or right, of persons who would be likely to know of its existence if existed is relevant (Section 48)

Explanation- The expression " general custom or right" includes customs or rights common to any considerable class of persons.

• Opinion as to usage, tenets etc. when relevant - When the court has to form as opinion as to the following, the opinion of persons having special knowledge thereon, are relevant facts. (Section 49)

  1. The usages and tenets of anybody of men or family

  2. The Constitution and Government of any religious and charitable foundation; or

  3. The meaning of words of terms, used in particular district or by particular class of people

• Opinion on relationship when, when relevant - When the Court has to form an opinion on the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship of any person, who as a member of the family or otherwise, has special means of knowledge on the subject is a relevant fact. (Section 50)

  Provided such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act 1869, or in prosecutions under Section 494,495, 497 or 498 of the Indian Penal Code. (The aforesaid provisions of IPC deal with offences relating to marriage)
  Illustrations:

  1. The question is, whether A and B were married. The fact that they were usually received and treated by friends as husband and wife is relevant.

  2. The question is, whether A is the legitimate son of B. The fact that A was always received as such by members of the family is relevant.

• Grounds of opinion when relevant- Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant. (Section 51)

• In civil cases, the fact that the character of any person concerned is such as to render probable or improbable any conduct implied to him, is irrelevant, except I so far as such character appears from facts otherwise relevant. (Section 52)

• In criminal proceedings, the fact that the person accused is of good character, is relevant (Section 53)

• In criminal proceedings the fact that the accused person has a bad character is irrelevant , unless evidence has been given that he has a good character, in which case it becomes relevant (Section 54)

  Explanation 1:- This Section does not apply to cases in which the ad character of a person is itself a fact in issue.

  Explanation 2:- A previous conviction is relevant as evidence of bad character.

• In civil cases, the fact that the character of any person is such as to affect the amount of damages, which he ought to receive, is relevant. (Section 55)

  Explanation:- In Sections 52, 53, 54 and 55,the word "character" includes both reputation and disposition; but, except as provided in Section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.