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...........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
Evidence Act, 1872, Section 63 -- Secondary evidence - Photostat copy neither certified copy nor copy made from original by mechanical processes which ensure accuracy of copy - Photostat copy cannot be termed as secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence - Rejection of application u/s 65 Evidence Act, proper...........
Will -- Suspicious circumstances - Will earlier placed on record does not appear to be true photocopy of original Will as signatures of testator were scored off and second signatures were made on photostat copy in different direction and different place than original Will - Even, Will came from the custody of advocate who was never examined nor any satisfactory explanation..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14, Evidence Act, 1872, Section 65 -- Production of document - Dismissal of application U.O.11.Rr.12 & 14 CPC and allowing plaintiff to file photostat copy of sale agreement - Taking of document on record does not necessarily mean that document has become final as defendant can raise all objections regarding admissibility of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of patta - Document cannot be prevented to be filed u/s 65 of the Act - Veracity of document can be ascertained by parties during further proceedings - Photostat copy of Patta held, permitted to be taken on record - Application allowed...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Photostat copy of original primary school certificate issued by State Education Board - Cannot be held to be evidence of juvenility of petitioner - However, such certificate is sufficient for..........
Evidence Act, 1872, Section 65(c) -- Photostat copies - Proof thereof - Mere exhibition of document does not dispense with proof of its execution - Photostat copies of the documents are required to be proved in terms of their execution at later stage...........
Evidence Act, 1872, Section 65(c) -- Photostat copies of original document - Admissibility - Proceedings after acceptance of application u/s 65 of the Act are pending before the trial Court - Photostat copies of alleged original documents, the existence and loss thereof are still to be inquired and proved, thus, till such time exhibition of such documents is the moot point..........
