Civil Procedure Code, 1908, Order 13, Rule 1 -- Photocopy of a original document can be filed instead of filing the original document - But not so when document is doubtful or for any other reason it is required by Court to remain in original on the file of the Court - In that event party cannot insist on filing of copy only...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibit on a photocopy - Once original document is produced for inspection then endorsement/exhibit mark can be put on copy on Court record...........
Stamp Act, 1899 -- Applicability of Stamp Act - Two guiding principles for applicability of the Act in respect of a particular document are : (1) The Court is not bound by the apparent tenor of an instrument, it shall decide according to the real nature or substance of the document; and (2) The duty is on the instrument and not on the transaction...........
Stamp Act, 1899 -- Principles governing the application of Stamp Act to the instrument - AIR 1970 MP 74 followed wherein held : (i) The first rule is that duty is payable on the instrument and not on the transaction; (ii) The second rule is that the Court is not (sic) by the apparent tenor of the instrument, it is the real nature of the transaction which will determine the..........
Medical negligence -- Diagnostic stage - Consent - X - ray revealed a mass in the left hemithorax with posterior mediastinal erosion of the left with 2nd,3rd and 4th ribs - Surgery for tumor - Acute paraplegia with a complete loss of control over lower limbs developed by complainant after surgery - Prior to actual operation complete investigation had not been carried out -..........
Stamp Act, 1899, Section 47A, Sick Industrial Companies (Special Provisions) Act, 1985, Section 32 -- Public Limited Company - Declared sick - Property was offered for sale in the open market and bids were invited - That being so, there is no question of any intention to defraud the revenue or non disclosure of the correct price - Revenue Officer cannot assess the market..........
Witness -- Appreciation of evidence - PW3 shifted injured to the hospital - In the register his name not mentioned - By itself not a ground for not relying his testimony in support of the prosecution case - Such details are not necessarily recorded in the contemporaneous document...........
Indian Penal Code, 1860, Section 463, 465 -- Forgery - Essentials to constitute offence of forgery - Making of any false document is sine qua non of forgery - What is necessary is that the document must have been executed with the intention of causing it to be believed that such document inter alia was made by the authority of a person by whom or by whose authority he..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment - Commencement of trial - Issues not framed, document not filed and evidence not adduced - Held, proviso to O.6.R.17 is not applicable as the trial has not yet commenced...........
Evidence Act, 1872, Section 35 -- School admission register - An entry in a school register is not a public document - It must be proved in accordance with law...........
