Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Objection - Relevancy of document need not be decided at the time of marking the document - Admissibility of document can be raised at a later stage and should be decided by Court at the time of pronouncement of judgment...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Presumption - In order to raise presumption regarding adoption on the basis of adoption deed, the deed must have been signed by both i.e. person giving and the person taking the child in adoption - In the instant case, adoption deed was not signed by natural father and mother of petitioner - As such..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Mode of proof of a document and admissibility - Difference - Objection - Mode of proof of a document is a matter of procedure while its admissibility is a matter of substantive law - If the objection is as to the admissibility of the document, then mere marking of document as an `exhibit' does not preclude any objection being..........
Evidence Act, 1872, Section 92 -- Proviso 2 - Parol evidence - Admissibility - Where a contract or disposition not required by law to be reduced into writing has been arrived at orally then existence of any distinct subsequent oral agreement modifying or rescinding the said contract or disposition can be substantiated by parol evidence such evidence is admissible -..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption - Copy of document purported to be more than 30 years old - Document not duly registered and stamped - Such a document cannot be admitted in evidence or exhibited - However, defendant shall be at liberty to raise objections as and when original document is produced and trial Court shall decide the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Document admitted in evidence without any objection whatsoever - Objection to admissibility of document can be either on the ground that document sought to be proved is inadmissible in evidence or on the ground of mode of proof - Where the objection is of the first kind, mere marking of the document as exhibit does not..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of marked document - Even when a document is marked as an exhibit, objection to its admissibility can be raised at a later stage or even in appeal or revision if the objection relates to substantive law such as Registration Act or Stamp Act or other specific provision...........
Evidence Act, 1872, Section 63(2) -- Photostat copy - Secondary evidence - Every photostat copy is prepared by mechanical process however, it may or may not be accurate, therefore its admissibility as secondary evidence in view of clause (2) of S.63 of Evidence Act is subject to proof of the fact that it is a correct copy of original document...........
Stamp Act, 1899, Article 47A - - Unstamped agreement of sale - Admissibility in evidence - Agreement of sale was followed by delivery of possession of property agreed to be sold and after receiving the balance sale consideration as per its terms - Held, it shall be chargeable as a sale under the said article and cannot be received in evidence unless proper stamp duty and..........
Evidence Act, 1872, Section 63, 65 -- Photostat copy - Secondary evidence - Admissibility - Held, Photostat copy of a document can be allowed to be produced only in absence of original document - When a party seeks to produce photostat copy it has to lay foundational facts by proving that original document existed and is lost or is in possession of opposite party who..........
