Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Certified copy of sale deed - No averment in applicant that document sought to be proved by way of secondary evidence is in possession of defendants - Rather it is stated that document in question was handed over to revenue authorities for attesting mutation - Plaintiffs thus, by placing on record certified copy of..........
Evidence Act, 1872, Section 74 -- Public document - Certified Copy of deposition can be made admissible in course of trial as a public document in terms of S.74 of the Act...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
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..........
Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Evidence Act, 1872, Section 90 -- Statutory presumption to 30 years old document - Not available to a certified copy of a document which is more than 30 years old...........
Evidence Act, 1872, Section 90 -- Sale deed - Thirty years old document - Presumption - Document in question is actually certified copy of sale deed and not sale deed itself which was never produced in Court - Conditions enumerated u/s 90 of the Act, cannot be said to be satisfied - Presumption u/s 90 of the cannot be available in the case - Even otherwise, factum of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Once original document has come on record irrespective of the fact that which party produced the same, the Court cannot record a finding that since only certified copy has been produced, but no permission for secondary evidence has been obtained, therefore, document cannot be read in evidence...........
