Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Customs Act, 1962, Section 108 -- Statements recorded u/s 108 of Customs Act by duly authorized Customs Officers are admissible in evidence and do not attract bar contained in Ss.24, 30, 34 of Evidence Act, provided they are made voluntarily...........
Practice and Procedure -- Civil and criminal proceedings - Documents relating to Criminal Courts are not admissible in civil trial...........
Bharatiya Nyaya Sanhita, 2023, Section 64 -- Secondary evidence - Photocopy of unregistered and unstamped document - Document in question is chargeable with stamp duty of 1% on ad valorem basis - Document is written on stamp paper of Rs.100 only and it is insufficiently stamped - Photocopy of document cannot be impounded for payment of deficit stamp duty and once photocopy..........
Family Courts Act, 1984, Section 14 -- Family Court - Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under Evidence Act, 1872...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accidental fire - Actual loss has been proved by insured by producing base documents which are relevant and admissible in terms of S.34 of Evidence Act - Final Surveyor has not only misdirected itself in law but has adopted a perverse approach inasmuch as no reason has been given for discarding Cost Sheet for..........
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..........
Hindu Adoptions and Maintenance Act, 1956, Section 16(2) -- Proviso (As amended in State of UP) - Adoption deed - Adoption deed is a notarized deed and not a registered deed in accordance with law - Said deed cannot be relied upon - Contention that secondary evidence of such document shall be admissible in view of S.16(2) Proviso of the Act, rejected, as secondary evidence..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - If original document exists and is available, it must be produced because it is best evidence - However, if original is lost or destroyed, detained by opponent, or third person, who does not produce it before Court or physically irrecoverable, secondary evidence is admissible...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
