The Indian Evidence Act National Informatics Centre-Books Pdf

THE INDIAN EVIDENCE ACT National Informatics Centre
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5 or the Air Force Act 7 Geo 5 c 51 but not to affidavits 6. presented to any Court or officer nor to proceedings before an. arbitrator,Commencement of Act, Commencement of Act And it shall come into force on the first day of. September 1872,Repeal of enactments, 2 Repeal of enactments Rep by the Repealing Act 1938 1 of. 1938 s 2 and Sch,Interpretation clause, 3 Interpretation clause In this Act the following words and. expressions are used in the following senses unless a contrary. intention appears from the context, Court includes all Judges 7 and Magistrates 8 and all. persons except arbitrators legally authorized to take. 1 Extended to and brought into force in Dadra and Nagar Haveli w e f. 1 7 65 by Reg 6 of 1963 s 2 Sch I, 2 The Act comes into force in Pondicherry on 1 10 1963 vide Re 7 of.
1963 s 3 and Sch I, 3 Extended to Goa Daman and Diu by Reg 11 of 1963 s 3 Sch. 4 Extended to Laccadive Minicoy and Amindivi Islands w e f. 1 10 1067 vide Reg 8 of 1965 s 3 Sch, 1 Subs by Act 3 of 1951 s 3 and Sch for except Part B. 2 Ins by Act 18 of 1919 s 2 and Sch I See s 127 of the Army. Act 44 and 45 Vict c 58,3 Ins by Act 35 of 1934 s 2 and Sch. 4 The words that Act as modified by rep by the A O 1950. 5 Ins by Act 10 of 1927 s 2 and Sch I, 6 As to practice relating to affidavits see the Code of Civil. Procedure 1908 Act 5 of 1908 s 30 c and Sch I Order XIX. See also the Code of Criminal Procedure 1898 Act 5 of 1898 ss. 539 and 539A, 7 Cf the Code of Civil Procedure 1908 Act 5 of 1908 s 2 the.
Indian Penal Code Act 45 of 1860 s 19 and for a definition. of District Judge the General Clauses Act 1897 10 of 1897. 8 Cf the General Clauses Act 1897 10 of 1897 s 3 32 and. Code of Criminal Procedure 1898 Act 5 of 1898,Amended in W Bengal by W Ben Act 20 of 1960. Amended in Tamil Nadu by T N Act 67 of 1979,Fact means and includes. 1 any thing state of things or relation of,things capable of being perceived by the senses. 2 any mental condition of which any person is,Illustrations. a That there are certain objects arranged in a certain order in. a certain place is a fact,b That a man heard or saw something is a fact.
c That a man said certain words is a fact, d That a man holds a certain opinion has a certain intention. acts in good faith or fraudulently or uses a particular word in a. particular sense or is or was at a specified time conscious of a. particular sensation is a fact,e That a man has a certain reputation is a fact. One fact is said to be relevant to another when the one is. connected with the other in any of the ways referred to in. the provisions of this Act relating to the relevancy of. Facts in issue,The expression facts in issue means and 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. Explanation Whenever under the provisions of the law for the. time being in force relating to Civil Procedure 1 any. Court records an issue of fact the fact to be asserted or. denied in the answer to such issue is a fact in issue. Illustrations,A is accused of the murder of B,At his trial the following facts may be in issue. that A caused B s death,that A intended to cause B s death.
that A had received grave and sudden provocation from B. that A at the time of doing the act which caused B s death was. by reason of unsoundness of mind incapable of knowing its. 1 See now Code of Civil Procedure 1908 Act 5 of 1908 as to the. settlement of issues see Sch I Order XIV, Document 1 means any matter expressed or described upon any. substance by means of letters figures or marks or by more. than one of those means intended to be used or which may. be used for the purpose of recording that matter,Illustrations. A writing 2 is a document, 2 Words printed lithographed or photographed are documents. A map or plan is a document, An inscription on a metal plate or stone is a document. A caricature is a document,Evidence means and includes.
1 all statements which the Court permits or requires. to be made before it by witnesses in relation to matters of. fact under inquiry,such statements are called oral evidence. 2 all documents produced for the inspection of the. such documents are called documentary evidence, A fact is said to be proved when after considering the matters. before it the Court either believes it to exist or. considers its existence so probable that a prudent man. ought under the circumstances of the particular case to. act upon the supposition that it exists, A fact is said to be disproved when after considering the. matters before it the Court either believes that it does. not exist or considers its non existence so probable that a. prudent man ought under the circumstances of the particular. case to act upon the supposition that it does not exist. Not proved, A fact is said not to be proved when it is neither proved nor. 3 India means the territory of India excluding the State of. Jammu and Kashmir, 1 Cf the Indian Penal Code Act 45 of 1860 s 29 and the General.
Clauses Act 1897 10 of 1897 s 3 18, 2 Cf definition of writing in the General Clauses Act 1897 10. of 1897 s 3 65, 3 Subs by Act 3 of 1951 s 3 and Sch for the definition of. State and States which was ins by the A O 1950,May presume. Shall Presume,Conclusive proof, 4 May presume Whenever it is provided by this Act that the. Court may presume a fact it may either regard such fact as proved. unless and until it is disproved or may call for proof of it. Shall presume Whenever it is directed by this Act that the Court. shall presume a fact it shall regard such fact as proved unless and. until it is disproved, Conclusive proof When one fact is declared by this Act to be.
conclusive proof of another the Court shall on proof of the one. fact regard the other as proved and shall not allow evidence to be. given for the purpose of disproving it,CHAPTER II,OF THE RELEVANCY OF FACTS. CHAPTER II OF THE RELEVANCY OF FACTS, Evidence may be given of facts in issue and relevant facts. 5 Evidence may be given of facts in issue and relevant facts. Evidence may be given in any suit or proceeding of the existence of. non existence of every fact in issue and of such other facts as are. hereinafter declared to be relevant and of no others. Explanation This section shall not enable any person to give. evidence of a fact which he is disentitled to prove by any provision. of the law for the time being in force relating to Civil Procedure 1. Illustrations, a A is tried for the murder of B by beating him with a club. with the intention of causing his death,At A s trial the following facts are in issue. A s beating B with the club,A s causing B s death by such beating.
A s intention to cause B s death, b A suitor does not bring with him and have in readiness for. production at the first hearing of the case a bond on which he. relies This section does not enable him to produce the bond or prove. its contents at a subsequent stage of the proceedings otherwise than. in accordance with the conditions prescribed by the Code of Civil. Procedure 1, Relevancy of facts forming part of same transaction. 6 Relevancy of facts forming part of same transaction Facts. which though not in issue are so connected with a fact in issue as. to form part of the same transaction are relevant whether they. occurred at the same time and place or at different times and places. 1 See now the Code of Civil Procedure 1908 Act 5 of 1908. Illustrations, a A is accused of the murder of B by beating him Whatever was. said or done by A or B or the by standers at the beating or so. shortly before or after it as to form part of the transaction is a. relevant fact, b A is accused of waging war against the 1 Government of. India by taking part in an armed insurrection in which property is. destroyed troops are attacked and gaols are broken open The. occurrence of these facts is relevant as forming part of the general. transaction though A may not have been present at all of them. c A sues B for a libel contained in a letter forming part of a. correspondence Letters between the parties relating to the subject. out of which the libel arose and forming part of the correspondence. in which it is contained are relevant facts though they do not. contain the libel itself, d The question is whether certain goods ordered from B were.
delivered to A The goods were delivered to several intermediate. persons successively Each delivery is a relevant fact. Facts which are the occasion cause or effect of facts in issue. 7 Facts which are the occasion cause or effect of facts in. issue Facts which are the occasion cause or effect immediate or. otherwise of relevant facts or facts in issue or which constitute. the state of things under which they happened which afforded an. opportunity for their occurrence or transaction are relevant. Illustrations,a The question is whether A robbed B. The facts that shortly before the robbery B went to a fair with. money in his possession and that he showed it or mentioned the fact. that he had it to third persons are relevant,b The question is whether A murdered B. Marks on the ground produced by a struggle at or near the place. where the murder was committed are relevant facts,c The question is whether A poisoned B. The state of B s health before the symptoms ascribed to poison. and habits of B known to A which afforded an opportunity for the. administration of poison are relevant facts, Motive preparation and previous or subsequent conduct. 8 Motive preparation and previous or subsequent conduct Any. fact is relevant which shows or constitutes a motive or preparation. for any fact in issue or relevant fact, The conduct of any party or of any agent to any party to any.
suit or proceeding in reference to such suit or proceeding or in. reference to any fact in issue therein or relevant thereto and the. conduct of any person an offence against whom is the subject of any. proceeding is relevant if such conduct influences or is influenced. by any fact in issue or relevant fact and whether it was previous or. subsequent thereto,1 Subs by the A O 1950 for Queen. Explanation 1 The word conduct in this section does not. include statements unless those statements accompany and explain acts. other than statements but this explanation is not to affect the. relevancy of statements under any other section of this Act. Explanation 2 When the conduct of any person is relevant any. statement made to him or in his presence and hearing which affects. such conduct is relevant,Illustrations,a A is tried for the murder of B. The facts that A murdered C that B knew that A had murdered C. and that B had tried to extort money from A by threatening to make his. knowledge public are relevant, b A sues B upon a bond for the payment of money B denies the. making of the bond, The fact that at the time when the bond was alleged to be made. B required money for a particular purpose is relevant. c A is tried for the murder of B by poison, The fact that before the death of B A procured poison similar.
to that which was administered to B is relevant, d The question is whether a certain document is the will of A. The facts that not long before the date of the alleged will A. made inquiry into matters to which the provisions of the alleged will. relate that he consulted vakils in reference to making the will and. that he caused drafts of other wills to be prepared of which he did. not approve are relevant,e A is accused of a crime. The facts that either before or at the time of or after the. alleged crime A provided evidence which would tend to give to the. facts of the case an appearance favourable to himself or that he. destroyed or concealed evidence or prevented the presence or procured. the absence of persons who might have been witnesses or suborned. persons to give false evidence respecting it are relevant. f The question is whether A robbed B, The facts that after B was robbed C said in A s presence the. police are coming to look for the man who robbed B and that. immediately afterwards A ran away are relevant,g The question is whether A owes B rupees 10 000. The facts that A asked C to lend him money and that D said to C. in A s presence and hearing I advise you not to trust A for he owes. B 10 000 rupees and that A went away without making any answer are. relevant facts,h The question is whether A committed a crime.
The fact that A absconded after receiving a letter warning him. that inquiry was being made for the criminal and the contents of the. letter are relevant,i A is accused of a crime, The facts that after the commission of the alleged crime he. absconded or was in possession of property or the proceeds of. property acquired by the, crime or attempted to conceal things which were or might have been. used in committing it are relevant,j The question is whether A was ravished. The facts that shortly after the alleged rape she made a. complaint relating to the crime the circumstances under which and. the terms in which the complaint was made are relevant. The fact that without making a complaint she said that she had. been ravished is not relevant as conduct under this section though it. may be relevant as a dying declaration under section 32 clause 1. or as corroborative evidence under section 157,k The question is whether A was robbed. The fact that soon after the alleged robbery he made a. complaint relating to the offence the circumstances under which and. the terms in which the complaint was made are relevant. The fact that he said he had been robbed without making any. complaint is not relevant as conduct under this section though it. may be relevant as a dying declaration under section 32 clause 1. or as corroborative evidence under section 157, Facts necessary to explain or introduce relevant facts.
9 Facts necessary to explain or introduce relevant facts Facts. necessary to explain or introduce a fact in issue or relevant fact or. which support or rebut an inference suggested by a fact in issue or. relevant fact or which establish the identity of any thing or person. whose identity is relevant or fix the time or place at which any fact. in issue or relevant fact happened or which show the relation of. parties by whom any such fact was transacted are relevant in so far. as they are necessary for that purpose,Illustrations. a The question is whether a given document is the will of A. The state of A s property and of his family at the date of the. alleged will may be relevant facts, b A sues B for a libel imputing disgraceful conduct to A B. affirms that the matter alleged to be libellous is true. The position and relations of the parties at the time when the. libel was published may be relevant facts as introductory to the facts. The particulars of a dispute between A and B about a matter. unconnected with the alleged libel are irrelevant though the fact. that there was a dispute may be relevant if it affected the relations. between A and B,c A is accused of a crime, The fact that soon after the commission of the crime A. absconded from his house is relevant under section 8 as conduct. subsequent to and affected by facts in issue, The fact that at the time when he left home he had sudden and. urgent business at the place to which he went is relevant as tending. to explain the fact that he left home suddenly, The details of the business on which he left are not relevant.
except in so far as they are necessary to show that the business was. sudden and urgent, d A sues B for inducing C to break a contract of service made. by him with A C on leaving A s service says to A I am leaving you. because B has made me a better offer This statement is a relevant. fact as explanatory of C s conduct which is relevant as a fact in. e A accused of theft is seen to give the stolen property to. B who is seen to give it to A s wife B says as he delivers it A. says your are to hide this B s statement is relevant as explanatory. of a fact which is part of the transaction, f A is tried for a riot and is proved to have marched at the. head of a mob The cries of the mob are relevant as explanatory of the. nature of the transaction, Things said or done by conspirator in reference to common design. 10 Things said or done by conspirator in reference to common. design Where there is reasonable round to believe that two or more. persons have conspired together to commit an offence or an actionable. wrong anything said done or written by any one of such persons in. reference to their common intention after the time when such. intention was first entertained by any one of them is a relevant fact. as against each of the persons believed to be so conspiring as well. for the purpose of proving the existence of the conspiracy as for the. purpose of showing that any such person was a party to it. Illustration, Reasonable ground exists for believing that A has joined in a. conspiracy to wage war against the 1 Government of India. The facts that B procured arms in Europe for the purpose of the. conspiracy C collected money in Calcutta for a like object D. persuaded persons to join the conspiracy in Bombay E published. writings advocating the object in view at Agra and F transmitted from. Delhi to G at Kabul the money which C had collected at Calcutta and. the contents of a letter written by H giving an account of the. conspiracy are each relevant both to prove the existence of the. conspiracy and to prove A s complicity in it although he may have. been ignorant of all of them and although the persons by whom they. were done were strangers to him and although they may have taken. place before he joined the conspiracy or after he left it. When facts not otherwise relevant become relevant, 11 When facts not otherwise relevant become relevant Facts not.
otherwise relevant are relevant, 1 if they are inconsistent with any fact in issue or. relevant fact, 2 if by themselves or in connection with other facts they. make the existence or non existence of any fact in. issue or relevant fact highly probable or improbable. Illustrations, a The question is whether A committed a crime at Calcutta on a. certain day, The fact that on that day A was at Lahore is relevant. 1 Subs by the A O 1950 for Queen, The fact that near the time when the crime was committed A was.
at a distance from the place where it was committed which would. render it highly improbable though not impossible that he committed. it is relevant,b The question is whether A committed a crime. The circumstances are such that the crime must have been. committed either by A B C or D Every fact which shows that the. crime could have been committed by no one else and that it was not. committed by either B C or D is relevant, In suits for damages facts tending to enable Court to determine. amount are relevant, 12 In suits for damages facts tending to enable Court to. determine amount are relevant In suits in which damages are claimed. any fact which will enable the Court to determine the amount of. damages which ought to be awarded is relevant, Facts relevant when right or custom is in question. 13 Facts relevant when right or custom is in question Where the. question is as to the existence of any right or custom the following. facts are relevant, a any transaction by which the right or custom in question.
was created claimed modified recognized asserted or. denied or which was inconsistent with its existence. b particular instances in which the right or custom was. claimed recognized or exercised or in which its,exercise was disputed asserted or departed from. Illustration, The question is whether A has a right to a fishery A deed. conferring the fishery on A s ancestors a mortgage of the fishery by. A s father a subsequent grant of the fishery by A s father. irreconcilable with the mortgage particular instances in which A s. father exercised the right or in which the exercise of the right was. stopped by A s neighbours are relevant facts, Facts showing existence of state of mind or of body or bodily. 14 Facts showing existence of state of mind or of body of. bodily feeling Facts showing the existence of any state of mind such. as intention knowledge good faith negligence rashness ill will or. good will towards any particular person or showing the existence of. any state of body or bodily feeling are relevant when the existence. of any such state of mind or body or bodily feeling is in issue or. 1 Explanation 1 A fact relevant as showing the existence of a. relevant state of mind must show that the state of mind exists not. generally but in reference to the particular matter in question. Explanation 2 But where upon the trial of a person accused of. an offence the previous commission by the accused of an offence is. 1 Subs by Act 3 of 1891 s 1 for the original Explanation. relevant within the meaning of this section the previous conviction. of such person shall also be a relevant fact 1,Illustrations. a A is accused of receiving stolen goods knowing them to be. stolen It is proved that he was in possession of a particular stolen. The fact that at the same time he was in possession of many. other stolen articles is relevant as tending to show that he knew. each and all of the articles of which he was in possession to be. 2 b A is accused of fraudulently delivering to another person. a counterfeit coin which at the time when he delivered it he knew to. be counterfeit, The fact that at the time of its delivery A was possessed of a.
number of other pieces of counterfeit coin is relevant. The fact that A had been previously convicted of delivering to. another person as genuine a counterfeit coin knowing it to be. counterfeit is relevant, c A sues B for damage done by a dog of B s which B knew to be. The facts that the dog had previously bitten X Y and Z and that. they had made complaints to B are relevant, d The question is whether A the acceptor of a bill of. exchange knew that the name of a payee was fictitious. The fact that A had accepted other bills drawn in the same manner. before they could have been transmitted to him by the payee if the. payee had been a real person is relevant as showing that A knew that. the payee was a fictitious person, e A is accused of defaming B by publishing an imputation. intended to harm the reputation of B, The fact of previous publications by A respecting B showing ill. will on the part of A towards B is relevant as proving A s intention. to harm B s reputation by the particular publication in question. The facts that there was no previous quarrel between A and B and. that A repeated the matter complained of as he heard it are relevant. as showing that A did not intend to harm the reputation of B. f A is sued by B for fraudulently representing to B that C was. solvent whereby B being induced to trust C who was insolvent. suffered loss, The fact that at the time when A represented C to be solvent C.
was supposed to be solvent by his neighbours and by persons dealing. with him is relevant as showing that A made the representation in. good faith, g A is sued by B for the price of work done by B upon a house. of which A is owner by the order of C a contractor. A s defence is that B s contract was with C, The fact that A paid C for the work in question is relevant as. proving that A did in good faith make over to C the management of. the work in question so that C was in a position to contract with B. on C s own account and not as agent for A, 1 See the Code of Criminal Procedure 1898 Act 5 of 1898 s 311. 2 Subs by Act 3 of 1891 s 1 for the original illustration b. h A is accused of the dishonest misappropriation of property. which he had found and the question is whether when he appropriated. it he believed in good faith that the real owner could not be found. The fact that public notice of the loss of the property had been. given in the place where A was is relevant as showing that A did not. in good faith believe that the real owner of the property could not be. The fact that A knew or had reason to believe that the notice. was given fraudulently by C who had heard of the loss of the property. and wished to set up a false claim to it is relevant as showing that. the fact that A knew of the notice did not disprove A s good faith. i A is charged with shooting at B with intent to kill him In. order to show A s intent the fact of A s having previously shot at B. may be proved, j A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be proved as. showing the intention of the letters, k The question is whether A has been guilty of cruelty towards.
B his wife, Expressions of their feeling towards each other shortly before or. after the alleged cruelty are relevant facts, l The question is whether A s death was caused by poison. Statements made by A during his illness as to his symptoms are. relevant facts, m The question is what was the state of A s health at the time. when an assurance on his life was effected, Statements made by A as to the state of his health at or near the. time in question are relevant facts, n A sues B for negligence in providing him with a carriage for.
hire not reasonably fit for use whereby A was injured. The fact that B s attention was drawn on other occasions to the.

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