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..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - No proceedings u/s 52-A of the Act were undertaken by I.O. for preparing an inventory and obtaining samples in presence of jurisdictional Magistrate - FSL report is thus, nothing but a waste paper and cannot be read in evidence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can only be rebutted when there is probable defence - In the instant case signatures in the cheque not challenged and no evidence to that effect is reflected in the cross examination of complainant - No material produced to show as to how the cheque was in possession of complainant as..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Promissory note - Determination of age of ink - Expert already gave his opinion that signatures on promissory note tallying with admitted signatures - There is no need to send the same again to expert for determination of age of ink and age of paper of Promissory note - Application rightly rejected...........
Evidence Act, 1872, Section 34 -- Entry in books of account - Regularly kept in the course of business - Unbound sheets of paper with certain entries or a particular sheet in which entry was made referring to matter in dispute, though electronically generated, cannot be substituted in place of a document as mandated u/s 34 of the Act, even when there is oral evidence in..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
