Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to - U, registered rent note though sought to be led into evidence only for collateral purpose, still its admissibility for that limited purpose ought to have been considered and decided by trial Court, when objection was raised and same should not be deferred for a subsequent stage..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of document - Objection as to admissibility of document can be raised at any stage even in appeal or revision - Decision of trial Court to decide objection at the time of final arguments qua admissibility held, proper...........
Registration Act, 1908, Section 17, 49 -- U, registered mortgage deed - Collateral purpose - Admissibility - Personal covenant was enforced by plaintiff in unregistered mortgage deed in respect of suit property whereby defendant had agreed to repay amount whenever they demand - Document thus, sought to be used for collateral purpose, trial Court could not have refused to..........
Evidence Act, 1872, Section 91 -- Unregistered document - Admissibility in evidence - Unregistered gift deed which is not legally admissible as evidence can be used as evidence to show the character of possession - Document even if it is unregistered can be relied upon for proving collateral purpose...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Discharge of accused - Admissibility of photostat copies of documents - Objection as regards admissibility of documents can be agitated at the stage of trial - No ground to invoke S.258 Cr.P.C...........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Evidence Act, 1872, Section 65B -- Electronic record - Admissibility - If document is otherwise inadmissible for want of a certificate or any other requirement of law, it being exhibited in course of trial does not make document admissible in law and though an objection as to mode of proof can be waived off and should be taken at first instance, however, objection to..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Anticipatory bail - Recovery of opium - Petitioner not arrested at the spot and has been nominated as accused on the basis of disclosure statement of co-accused - Admissibility and veracity of which is yet to be tested - Bail granted...........
