Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Exact status of documents in question cannot be ascertained as one party claims that other has said documents and other has allegedly stated that it was with her counsel - However, said documents could not be recovered from said counsel as per records - In such situation, presentation of secondary evidence can be..........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Non-framing of an issue - Once both the parties have led evidence, fully conscious of other's case, mere non-framing of relevant issue or a wrong framing of it, would not affect the validity of finding returned...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - If there is sufficient evidence on record to dispose of suit finally, there ought not to be a remand...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - Documents sought to be produced are relevant and essential not only for the purpose of disposal of appeal but also to adjudicate upon issues in controversy between parties - It was duly established that despite exercise of due diligence, said documents could not be produced by..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit on account of default should fall in the category of exceptions - Courts are expected to decide the litigation after examining evidence led by parties on merits...........
