Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Registered document - Certified copy of registered document is admissible to prove the contents of original document, when original is withheld by party in whose possession it is or presumed to be...........
Evidence Act, 1872, Section 63, 65, 74, Registration Act, 1908, Section 57 -- Secondary evidence - Registered document - Registered document properly executed by parties is not a public document - It is certainly a private document - True copy of document presented for registration, which has been entered in books of registration, kept as per law is public document falling..........
Registration Act, 1908, Section 57, Evidence Act, 1872, Section 63, 65, 74 -- Secondary evidence - Conflict between registered document and certified copy of document issued by registering authority - Original document should prevail...........
Registration Act, 1908, Section 57, Evidence Act, 1872, Section 63, 65, 74 -- Secondary evidence - If there is only secondary evidence of transaction in form of certified copy issued from Registrar's office and recitals in document do not match with contentions of party to document, remedy is to seek rectification of document before asserting any claim on basis of that..........
Registration Act, 1908, Section 23, 25 -- Presentation of document - Time period prescribed u/s 23 of the Act, is not mandatory but it is only directory in nature - Limitation prescribed u/s 23 of the Act should be read with consonance with S.25 of the Act - Moreover, Registrar has power to condone delay in presentation, if delay is unavoidable...........
Indian Penal Code, 1860, Section 468 -- Forged documents - Mere oral statement that document has been forged for the purpose of cheating is not at all sufficient to exercise discretion in favour of opposite party...........
Civil Procedure Code, 1908, Section 151 -- Examination of additional witness - Where examination of witness is necessary to prove document in question, application for examination of additional witness cannot be rejected merely on ground of latches when same can be compensated...........
Will -- Proof - Execution of Will has to be proved in terms of provisions of S.68 of Evidence Act, even in a case where opposite party does not specifically deny the execution of document in written statement...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - When presented in evidence, Court has an option either to impound it and send for its stamping to Collector of stamps or call upon the tenderors of document to pay stamp duty and penalty - However, such an exercise cannot be taken with regard to documents which are compulsorily registrable u/s 17 of the Act...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document when presented in evidence, Court has an option either to impound it and send for its stamping to Collector of stamps or call upon the tenderors of document to pay stamp duty and penalty - However, such an exercise cannot be taken with regard to documents which are compulsorily registrable u/s 17 of the Act...........
