Civil Procedure Code, 1908, Order 13, Rule 3 -- Marking of a document - Mere marking of document would not dilute the rigours of either S.17 or S.49 of Registration Act and also that document is insufficiently stamped...........
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..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Mere reserving right to plaintiff to take up point at a later stage would not by itself entitle for exhibiting disputed document in evidence and marking it as an exhibit and getting it admitted...........
Evidence Act, 1872, Section 61 -- Proof of a document - Mere marking of exhibit on a document does not dispense its proof - Document has to be proved qua its contents in terms of S.61 of the Act, either by primary or secondary evidence - In the absence of such a burden being discharged while exhibiting the documents, Appellate Court has clearly erred in accepting documents..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Agreement to sell with tenant - No reference in agreement as to handing over possession to tenant or that tenant would continue in possession of the property as purchaser under the agreement of sale - Mere reference of plaintiff being in possession of property as a tenant cannot be considered as delivery..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial aspects, even document marked..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, 7 -- Marking of document - Mere marking of a document as an exhibit does not dispense with proof thereof - Admissibility of a document has to be tested at the stage of evidence - Document if inadmissible, cannot form part of record and shall be returned to person producing them after being rejected as admissible...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of a document - Mere marking or exhibiting the document does not dispense with the proof of document nor it take away right of opposite party to say such document cannot be relied upon as it is not registered...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Production of documents - Defendant seeking production of three documents at the stage of evidence of defendant - Right of filing additional documents cannot be denied at this stage as mere receiving of documents will not give any right or title to respective parties in suit, as marking of document and its admissibility will..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
