Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
Limitation Act, 1963, Section 12(2) -- Limitation - Computation of limitation - Exclusion of time spent in obtaining certified copy - Courts are obliged to compute the limitation on the basis of endorsement as contained in the certified copy - If there is any suspicion of unfair and/or improper practice, remedy lies in initiating a domestic inquiry or may be criminal..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question are certified copies and statements recorded in a different proceedings - Said documents can be helpful in deciding controversy - If plaintiff is permitted to file certain documents at belated stage, no prejudice can be caused to defendants - Application rightly allowed...........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 165 days in filing appeal against ex parte eviction decree - Defendant categorically stated that he was not at all served and he came to know of decree passed in suit only when he received notice in execution petition and immediately after obtaining certified copies filed appeal - Delay was not intentional..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 1 kg Alprazolam powder - Search and seizure - Evidence of PWs 2 and 6 establish that contraband articles after being brought to NCB office were kept in godown/malkhana and necessary entries were made in godown register in that regard - Certified true copies of said entries were proved - Oral..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Evidence Act, 1872, Section 76 -- Certified copies of documents placed on record by police - Petitioners have right to get certified copy of a pending case and also have right to get certified copy thereof in view of S.76 of the Act - Even in view of Art.14 of Constitution, accused should be granted a copy of documents purported to be against him at earliest possible stage..........
