Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 74 -- Statement u/s 164 Cr.P.C. - Such statement is a public document - It does not require any formal proof by summoning Magistrate to prove the same...........
Evidence Act, 1872, Section 74 -- Public document - Certified Copy of deposition can be made admissible in course of trial as a public document in terms of S.74 of the Act...........
Evidence Act, 1872, Section 74 -- Public document - Report of bailiff on summons - Not public document, as it is nothing but his opinion about service of summons or otherwise on person to whom summons have been issued by Court - Only contents of summons issued by Court, consisting name of Court, name of parties, seal of Court and returnable date stated in summons can be..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2) -- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Evidence Act, 1872, Section 65(e), 74 -- Secondary evidence - Certified copy of registered sale deed - Private documents which are kept as public records by State shall form public documents - All public documents defined u/s 74 of the act are admissible as secondary evidence u/s 65(e) of the Act...........
Evidence Act, 1872, Section 65(e), 74(2) -- Secondary evidence - Certified copy of registered sale deed - Registered sale deed is a public record of private documents and admittedly falls within definition of public documents to S.74(2) of the Act - Certified copy of registered sale deed is thus, admissible as secondary evidence u/s 65(e) of the Act...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Suit for recovery - As per admitted facts on record defendant neither as per its written statement nor as per its evidence led, ever pleaded and proved that any loss has been caused to defendant on account of failure by plaintiff to take dealership of defendant - Hence, defendant cannot forfeit..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
