Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Evidence Act, 1872, Section 65, 76, 77 -- Secondary evidence - Certified copies of documents submitted before public authorities are covered within definition of public document u/s 76 of the Act and thus, admissible in evidence u/s 77 of the Act, without calling either for original or witness concerned - Contention of defendant that said documents are in the nature of..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Documents not filed alongwith written statement - Allowed to be filed after closure of evidence by defendant - Documents were certified copies of judgment and decree passed by Civil Court in previously instituted suit between the same parties which are per se admissible in evidence and same..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Registration Act, 1908, Section 57(5), Evidence Act, 1872, Section 65(f) -- Secondary evidence - Registered document - Certified copies of documents obtained from Registrar's office are admissible, though they are secondary evidence...........
Evidence Act, 1872, Section 65, 74 -- Cantonment Act, 1924, Cantonment Land Administration - Public documents - General Land Register and other documents maintained by the Cantonment Board under the Cantonment Act, 1924 and the Rules made thereunder are public documents and the certified copies of the same are admissible in evidence - It is settled legal position that the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Defendants did not deny existence of orders sought to be produced by plaintiff - Certified copies of orders are per-se admissible in evidence - Orders are inter parties and have bearing on merits of suit - Held, ends of justice would be met if proposed additional evidence is allowed on payment of costs..........
Hindu Marriage Act, 1955, Section 8, Evidence Act, 1872, Section 74,65,114 -- Marriage certificate - Certified copy - Public document within meaning of S.74 Evidence Act - Certified copies are admissible as secondary evidence - It carries presumption u/s 114(e) Evidence Act...........
Evidence Act, 1872, Section 63, 65, 65B -- Secondary evidence - Telephone Call records of Mobile - Absence of certificate u/s 65 B - Whether fatal - Held No - Secondary evidence means and includes, among other things, 'copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies' - Section..........
