Evidence Act, 1872, Section 63(2) -- Photostat copy - Secondary evidence - Every photostat copy is prepared by mechanical process however, it may or may not be accurate, therefore its admissibility as secondary evidence in view of clause (2) of S.63 of Evidence Act is subject to proof of the fact that it is a correct copy of original document...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy - Principles governing are : (a) Photostat copy of a document can be allowed to be produced only in absence of original document; (b) When a party seeks to produce Photostat copy it has to lay the foundational facts by proving that original document existed and is lost or is in possession of opposite..........
Indian Penal Code, 1860, Section 361, 366A, 376 -- Kidnapping & rape - Minor girl - Proof - Evidence of prosecutrix shows that accused No.3 who was her school friend took her to house of her relatives and thereafter accused Nos.2, 3 & 5 took prosecutrix to different places and sold her to accused No.1 who raped her - Accused No.2 & 5 were posing themselves as mother and..........
Agreement to sell -- Execution - Proof - Defendant changing his stand - Plea that agreement is fabricated and forged document - Wholly unsubstantiated - Answers given by defendant vague and not proving his case at all - Perusal of agreement reveals no sign of it having been tampered or interpolated - Signature thereon of defendant admitted - Defendant appended his address..........
Will -- Execution - Proof - Testator did not sign the document in presence of attesting witnesses and attesting witnesses did not attest the same in presence of testator - Execution of Will not proved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence must be taken up alongwith appeal - If Court finds that a party has a good reason to produce additional evidence, Court has two options: (i) to allow additional evidence to be brought and if it refers to any document, consider the same if it did not..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Bank - Power of attorney in favour of Branch Manager to institute suit - Power of attorney itself does not require even to be attested - If Branch Manager was producing the document in original and he was stating that he had the authority to represent the Bank, it ought to be taken as sufficient proof for upholding the..........
Will -- Proof - Legal requirement for proving a Will, analysed, viz. (i) The will like any other document is to be proved in terms of the provisions of the Succession Act; (ii) The onus of proving the will is on the propounder; (iii) The testamentary capacity of the testator must also be established; (iv) Execution of the will by testator has to be proved; (v) At least..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application not to be taken independently of the disposal of appeal - Application has to be decided alongwith the appeal - Application can be allowed when Court finds that additional evidence must be received and that it requires no further oral evidence - However, if the document is..........
Will -- Execution - Proof - A Will is required to be attested by two witnesses but it can be proved by examining one of the attesting witnesses - However, one of the requirements of due execution of a Will is its attestation by two or more witnesses, which is mandatory - Aid of S.71 Evidence Act can be taken only when the attesting witnesses who have been called, deny or..........
