Stamp Act, 1899, Section 36 -- Deficient stamp duty - Impounding of document - Photostat copy of a document cannot be impounded, as only original document can be impounded...........
Practice and Procedure -- Summoning of lower Court records by High Court - Directions issued : (i) Henceforth original record shall not be summoned by office, unless otherwise specifically directed by High Court in a particular case and only photostat/scanned copy of the same shall be summoned; (ii) Whenever, in the past, original record has been summoned by High Court,..........
Civil Rules of Practice, Rule 203A, Civil Procedure Code, 1908, Section 151 -- Issuance of certified copy of photostat copy of an unmarked document - Unmarked certified copy of agreement of sale was allowed to be returned by permitting it to be substituted by a photocopy of said document - Application for issuance of certified copy of photostat copy of said unmarked..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Defendant stating that original Will is in possession of plaintiff - Contention of plaintiff that he is not having possession of alleged Will - No valid and sufficient grounds are made out by defendant in support of his request to direct plaintiff to cause production of alleged original Will - Held, defendant..........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photostat copy - Photocopy of document does not insure accuracy of copy, as it may be made even from a photocopy - Photocopy thus, does not fall within S.63(2) of the Act and cannot be treated as secondary evidence...........
Evidence Act, 1872, Section 63 -- Secondary evidence - Photostat copy neither certified copy nor copy made from original by mechanical processes which ensure accuracy of copy - Photostat copy cannot be termed as secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence - Rejection of application u/s 65 Evidence Act, proper...........
Will -- Suspicious circumstances - Will earlier placed on record does not appear to be true photocopy of original Will as signatures of testator were scored off and second signatures were made on photostat copy in different direction and different place than original Will - Even, Will came from the custody of advocate who was never examined nor any satisfactory explanation..........
