Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy - Merely because the signatures in some of the documents are not legible and visible that cannot be a ground to reject the secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - The pre-conditions for leading secondary evidence are that such original documents could not be produced by the party relying upon such documents in spite of best efforts, unable to produce the same which is beyond their control - Party seeking permission to lead secondary evidence must establish for no, production of..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped instrument - Admissibility - Bar contained in S.35 of Act regarding admissibility of insufficiently stamped instruments is not confined to such documents which are sought to be marked/admitted in evidence - They cannot also be acted upon by any public officer unless such instrument is duly stamped...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - S.91 of Act can be invoked for production of documents which appears to be connected with the subject matter of case and are not in possession of accused such as case diary of another case, which may be necessary or desirable for the purpose of using statements recorded in other case diary for..........
Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 123, 124 -- Production of documents - Evidence as to affairs of State - Documents in question were submitted by CBI to Ministry of Home Affairs in the form of seven proposals for obtaining permission for interception of certain telephone calls of accused persons - Said documents are very much in the..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
Service -- Conduct of public servant in private litigation - Sub Registrar - Rank dereliction of duty - As Sub-Registrar, it was expected of him and was fundamental part of his duty to see that persons who are entering into transactions must appear before him in person and documents would be registered only after essential formalities were undertaken - Taking..........
Indian Penal Code, 1860, Section 364, 302, 201 -- Kidnapping & murder - Accused also charged with fabricating power of attorney and selling properties of deceased - Though deceased was an unmarried lady but she has two sisters and nephews, living in the same place and there is no reason to give power of attorney to appellant being a total stranger - Voter card of deceased..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Murder case - Presence of A-11 & A-12 at the relevant point of time not proved as they were not present in village - Prosecution failed to rebut the voluminous documents and testimonies of independent witnesses - Plea of alibi held sufficiently proved - A-11 & A-12 rightly acquitted...........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Merely sending some representation which was to be submitted to President and Prime Minister of India and other documents to an advocate who was a politician would not tantamount to criminal contempt unless and until it is shown that information was intended to help accused in any manner whatsoever - Sharing..........
