Evidence Act, 1872, Section 65(c) -- Secondary evidence - Plea that original document is lost - If a party is unable to support his plea and had exposed his own version to be false in cross-examination, Court would eschew such document from consideration, no matter such document was exhibited as evidence in Court...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Family settlement-cum-partition deed - Document required to be duly stamped but not stamped - Document is required to be impounded - It is only the original which can be impounded as impounding of photo copy is unknown to law - Copy of document when per se is inadmissible then same cannot be received in evidence -..........
Stamp Act, 1899, Section 35, Evidence Act, 1872, Section 91 -- Insufficiently stamped document - S.35 of Stamp Act r/w S.91 of Evidence Act excludes both the original instrument and secondary evidence of its contents if it is unstamped or insufficiently stamped - As document itself and secondary evidence of its contents being as inadmissible, no other evidence can u/s 91..........
Evidence Act, 1872, Section 63, 65(c) -- Secondary evidence - Photocopies produced with plaint - Originals misplaced or lost by counsel to whom originals were handed over - Application supported by affidavits of plaintiff and his counsel - Provision of O.7.R.14 CPC is not relevant for deciding application u/s 65 of the Act - Secondary evidence allowed...........
Service -- Application for the post of Conductor - Qualification Required - Matriculation with Hindi or Sanskrit and Valid conductor's license - Petitioner passed his secondary school examination form National Open School - Rejection of the candidature of petitioner on ground that he was required to pass secondary level examination from National Open School with six..........
Agreement to sell -- To prove by way of secondary evidence - Petitioner had relied upon two agreements to sell and both of these documents have been misplaced with quite vague allegations contained in application, especially, when sufficient opportunities were earlier granted to petitioner to lead evidence - Permission not granted to lead secondary evidence as proof of..........
Civil Procedure Code, 1908, Order 13, Rule 1, Evidence Act, 1872, Section 61 -- Secondary evidence - Admissibility - Principle of waiver - When no objection is raised at the stage when secondary evidence is adduced, no objection can be permitted at any later stage - Petition dismissed...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - When xerox copy of power of attorney produced by plaintiff in evidence and signature and contents of said power of attorney were admitted by defendant there was no question of proving the said document as required under Evidence Act...........
Evidence Act, 1872, Section 59, 65A, 65B(4) -- Secondary evidence - Electronic records - An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements u/s 65-B of Act are satisfied - In case of CD, VCD, chip, etc. same shall be accompanied by certificate in terms of S.65-B of Act obtained at the time of taking the document..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Irrespective of fact whether property has evidentiary value or not, it is not necessary that original of property has to be kept intact without alienation - Photography or photostat copy of property can be taken and made a part of record duly certified by Magistrate at the time when interim custody..........
