Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
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 65 -- Secondary evidence - Will - Original Will as propounded by plaintiff was not produced during evidence - Will was produced before Patwari for entering mutation but he remained silent regarding original Will - Pre-requisite condition about existence of Will remained un-established on record and therefore, permission to prove Will by way of..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Will -- Proof of - Plaintiff has not filed original Will and has only filed its certified copy - No reason furnished by plaintiff as to why original Will was not produced by him in trial Court - Plaintiff was bound to prove original Will and if that was lost, destroyed or was not in his possession, only then plaintiff could have filed certified copy of Will but that was..........
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 65(c) -- Secondary evidence - Xerox copy of original cheque - Original cheque is lost - Xerox copy of original cheque can be received as a secondary evidence, as S.65(c) of the Act permits admissibility of secondary evidence, if original document is lost...........
Evidence Act, 1872, Section 63(2), (3), 65(c) -- Secondary evidence - Xerox copy of original cheque - Trial Court itself received original cheque, verified the same and returned to petitioner on the same date, on retaining xerox copy of same - Trial Court thus, only after due enquiry, satisfaction and comparison had returned the original cheque to petitioner after..........
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...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration on basis of adverse possession and permanent injunction - Plaintiff has relied upon agreement to sell to prove her ownership over suit property - However admittedly, said agreement was not proven on record in terms of S.64 of Evidence Act - Original agreement was never produced by plaintiff - Even no..........
