Bankers' Books Evidence Act, 1891, Section 4 -- Certified copy of a document issued by a Bank is itself admissible under the Act without any formal proof thereof...........
Evidence Act, 1872, Section 65 -- Secondary evidence - If a document is required to be stamped is not sufficiently stamped, then a copy of such document as secondary evidence cannot be adduced...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
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)..........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
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..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Evidence Act, 1872, Section 61 -- Proof of a document - Document produced by a party - Even when not proved such document can be read against that party...........
