Evidence Act, 1872, Section 85, Registration Act, 1908, Section 32 -- Special power of attorney executed outside India - Impounding of - Once a document has been tendered in evidence and accepted by Court without objection by opposite party, said opposite party cannot subsequently raise objection with regard to admissibility of such a document in evidence on the ground of..........
Evidence Act, 1872, Section 57(6), 85, Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Unregistered power of attorney but authenticated by notary - Court is bound to presume that it was duly executed especially in the case of no rebuttal...........
Evidence Act, 1872, Section 85, Notaries Public Act, 1952, Section 14 -- Power of attorney executed and authenticated by foreign notary - Presumption - Provision of S.85 of Evidence Act, cannot be read in isolation to the specific provision as contained in S.14 of Notaries Act - In absence of notification of Central Govt. granting recognition to notarial act of foreign..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Contraband - Conviction - Validity - Recovery of 5 kg of poppy husk from possession of accused - Chemical Examiner found meconic acid and morphine positive and opined that contraband so recovered is poppy husk - Held, report of Chemical Examiner that stuff contains contents of poppy husk which term..........
Evidence Act, 1872, Section 85, 4 -- Power of attorney - Attested by Notary Public - Shall be presumed to be executed and so authenticated unless and until it is disproved - Burden lies on accused to establish that power of attorney was not duly executed and authenticated by the person by whom it purports to have been executed...........
Evidence Act, 1872, Section 85 -- Power of Attorney - Attested by a Public Notary - There is a statutory presumption u/s 85 Evidence Act that Power of Attorney was executed by the person by whom it purports to have been executed and the person who executed the power of attorney was fully competent in this regard...........
Evidence Act, 1872, Section 85 -- Power of attorney - Proof of - Held, any party to a suit etc. relying on a power of attorney would have to prove it like any other document by producing in witness box the executant of the document, or the person in whose presence it was so executed, or the person acquainted with the signatures of the executant etc. as the case may be -..........
Evidence Act, 1872, Section 85 -- Power of attorney - Not required to be attested by two witnesses - It is its authentication which is necessary...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29, 60, 61, 85 -- Bail - Owner of truck - Recovery of contraband from truck - Two accused ran away and truck driver apprehended - Petitioner arrayed as an accused primarily on the ground that she is the owner of the truck - Petitioner not directly involved in smuggling/transporting of narcotics - No..........
Evidence Act, 1872, Section 78(6), 85, Registration Act, 1908, Section 33 -- General Power of attorney - Executed by a person residing outside India - Duly authenticated by a Notary Public - Fulfills the requirement of S.33 Registration Act - It does not require registration in India - Its original or certified copy is admissible in evidence and attaches a rebuttal..........
