Evidence Act, 1872, Section 91, 92 -- Document admitted and marked during examination-in-chief of plaintiff - Plaintiff died subsequently and was not available for cross-examination - Said admitted documents can very well be taken into account and relied upon in the absence of plaintiff's evidence - However, other documents which were not admitted by defendants cannot be..........
Criminal Procedure Code, 1973, Section 482, Punjab Civil and Criminal Courts, Preparation and Supply of Copies of Records Rules, 1965, Rule 3 -- Supply of certified and uncertified copies of documents by Juvenile Justice Board - Petitioner facing trial in Court of Sessions and co-accused, a juvenile, facing trial in Juvenile Justice Board - Offence pertaining to same FIR -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Photocopy of document/receipt, which is the basis of suit - Original receipt was misplaced - Plaintiff seeks permission to place on record photocopy of said receipt, which in fact is mentioned in the list of documents - No prejudice is caused to defendant, as Court below had only allowed the..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies of documents marked exhibit without obtaining prior permission of Court and without any objection - At the time of marking documents as exhibit, Court applied its mind, which amounts to implied permission to adduce secondary evidence...........
Return of documents -- Normally whoever has got the document marked can solicit for return of such a document after the case is decided or when it is not needed for further reference by that very Court or any other Court of Appeal or Revision - But if a third party is applying for return of a document he must establish his right to receive the same in accordance with law..........
Civil Procedure Code, 1908, Section 115 -- Exhibit of document - Objection - Respondent No.1/plaintiff examined as PW2 placed on record Ex.P2 and Ex.P3 i.e. attested copies of neonda bahis - Petitioner/defendant filed application that exhibited documents which were not per se admissible may be marked - Dismissal of application - Challenge to - Held, petitioner could not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Appeal - Once application is allowed for adding additional evidence, due opportunity should be given to petitioner concerned to get documents marked in the way known to law - But if it is a public document and beyond controversy, straightaway, appellate Court can give marking and decide appeal...........
Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -- Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
