Showing : 21-30 of 327 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22-- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application - Further,..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2)-- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Framing of issues to decide application for secondary evidence - Documents whether exists or not, destroyed or not, or are in the possession of same person or not or can be produced before Court or whether secondary evidence is to be allowed or not - Held, Court below is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Can be led by exhibiting the same at the relevant stage, even if same was objected to by opposite party - Document can be received in evidence without commenting upon its authenticity and genuineness at that stage - After receiving document in evidence with objection, trial..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Offer of secondary evidence can be at best impeached in cross examination - It will be for Court to examine and decide as to whether it will be appropriate to rely upon such secondary evidence or not for want of compliance of S.65 of the Act - In case Court finds secondary..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Will - Application allowed subject to proof of loss - Since no proof of loss was provided, trial Court rightly not considered secondary evidence - Even otherwise, appellant knew right from the beginning that original Will was not in his possession and there is delay of 32..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65, Criminal Procedure Code, 1973, Section 391, 91-- Secondary evidence - Photocopy of document neither certified copy nor it is a copy made from original by mechanical process which ensure the accuracy of copy - It cannot be termed as secondary evidence - Application rightly rejected...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Affidavit is sufficient to prove the loss of original...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Xerox copies of document - Can be received in evidence subject to examination of probative value of document, nature of documents and possibilities of tampering the documents...........

Showing : 21-30 of 327 Results