Evidence Act, 1872, Section 65B -- Electronic evidence - There is difference between original information contained in a computer itself and copies made therefrom - Former is primary evidence and latter is secondary one - Certificate u/s 65-B of the Act is unnecessary when original document (i.e primary evidence) itself is produced. (2020(7) SCC 1)..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act - Certificate u/s 65-B of the Act can be produced at any stage if the trial is not over. (2020(7) SCC 1)..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act, is not an evidence - It is meeting the requirement of law to prove a report on record...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - All spot witnesses have feigned ignorance about exact spot position and its vicinity also gives rise to suspicion in prosecution story - More so, there is unexplained entries in NCB form - Serious discrepancies were found in official records including NCB Form, resealing certificate and time..........
Evidence Act, 1872, Section 65B -- CDR's - Production of S.65-B certificate is mandatory for producing CDR's as evidence in the suit - Non production of certificate of S.65-B of the Act is a curable defect and it can be produced at any time before completion of trial...........
Evidence Act, 1872, Section 76, 65 -- Certified copy of public document - To be provided on demand - It is to be provided with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title - Such copies so..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 162 days in filing application to set aside ex parte preliminary decree - Delay occurred due to ill heath of defendant - Medical certificate was filed to justify the ground taken for such delay - Ground taken by defendant is not frivolous - Period of delay is not too long and due to prevalence of COVID-19..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Prawn cultivation - Death of prawns due to white spot disease - Insurance company repudiated the claim basing on wholly unfounded assertion that appellant had failed to maintain and provide proper records - It is not open to insurance company to ignore or fail to act upon certificate or document..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - School transfer certificate cannot be relied upon to hold that victim was below 18 years at the time of commission of offence, as it did not answer to description of any class of documents mentioned..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 34 -- Age of victim - Determination - Documents produced i.e. a transfer certificate and extracts of admission register of school are not what S.94(2)(i) of JJ Act mandates nor are they in accord with S.94(2)(ii), as there were no records..........
