Evidence Act, 1872, Section 65 -- Secondary evidence - Parameters summarised for taking secondary evidence, viz. (i) party seeking to lead documentary evidence must lay down some foundational evidence either in plaint or in written statement as the case may be that alleged copy is in fact true copy of original; (ii) party seeking to lead secondary evidence should..........
Evidence Act, 1872, Section 3, 61 -- Admissibility of document - Objection as to - Document tendered in evidence and received on file subject to objection raised by petitioner - Its genuineness and veracity will be dealt with at the trial stage - Objection rightly rejected by Sessions Judge...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of document in the form of secondary evidence cannot be questioned, if not raised by opposite party when document is introduced and taken into evidence and marked as exhibit...........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of a document on the ground of sufficiency of stamp has to be raised when document is tendered in evidence - Once a document is admitted in evidence, such admission cannot be called in question at any stage of suit or proceedings on the ground that instrument has not..........
Stamp Act, 1899, Section 36 -- Insufficient stamped document - Once insufficient stamped document got marked as an exhibit in the case and has been used by parties in examination and cross examination of their respective witnesses, the exception carved out u/s 36 of the Act would come into play and parties cannot challenge the admissibility of such document on a later..........
Stamp Act, 1899, Section 36 -- Insufficient stamped document - Question of execution or evidentiary value of document should be established apart from question of admissibility in evidence either u/s 36 of the Act or otherwise on account of deficiency of stamp...........
Civil Procedure Code, 1908, Order 13, Rule 3, 5, 6, 7, 8 -- Admissibility of document - Objection as to admissibility of document is to be raised at the stage when document is tendered as a piece of evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Factum of marriage and cohabitation cannot be inferred through a single photograph of male and female as seen together, particularly when only positive is filed without negative of photograph and person who took the photograph not examined - Said documents rejected as inadmissible in evidence...........