Evidence Act, 1872, Section 61, Civil Procedure Code, 1908, Order 12, Rule 2, Civil Procedure Code, 1908, Order 13, Rule 4 -Contents of documents - Should be proved either by primary or by secondary evidence - Admission of a document - Amounts to admission of contents but not its truth - Documents having not been produced and marked as required under the Evidence Act..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Objections - Except in case of objection of stamp duty, Court to allow marking the documents tentatively as an exhibit subject to decision of objections at the time of final arguments in the case - In case, the court finds at the final stage that the objection raised is sustainable, the objected..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Admissibility - Contention that extract copy of G.D. Entries were exhibited without comparing those documents with originals and said documents are inadmissible - Held, when said documents were exhibited no objection was raised from the side of accused persons and existence of said documents was not denied at all -..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Chief affidavit - Must invariably be in the language of the witness - Such affidavit to be read in Court and affirmation of deponent obtained - At this stage Court must rule on the objection, if any, raised by the adversary and documents marked and categorised as admitted, not admitted or admitted subject to objection and..........
Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 66 -- Marking of a document as exhibit - Cannot be held to be its due proof - Its execution has to be proved by admissible evidence - Situation is however different where the documents are produced, and they are admitted by opposite party, signatures on them are also admitted and they are marked..........
Service -- Departmental enquiry - Claiming and availing HRA contrary to rules - Grievance that principles of natural justice was violated on ground that witnesses whom he wanted to be examined by enquiry officer were not examined, documents were marked as exhibits only after conclusion of enquiry, municipal authorities who issued certificate had not been examined and..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Omission to rigidly follow requirements of Order 13 Rule 4 - Does not per se render the document inadmissible - Endorsement if in any way defective - Does not itself lead to the conclusion that the document has not been admitted in evidence. No doubt it is necessary that endorsements on documents admitted in evidence are made..........
