Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Indian Penal Code, 1860, Section 375, Evidence Act, 1872, Section 65 -- Rape - Age - No birth certificate/school certificate - Secondary evidence - Bone ossification test done in another case to prove age of prosecutrix - Already on Court record (even though in another case) which is not disputed by..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of site plan - Original document in the office of SDM is missing and photocopy of same is available - Document in question i.e photocopy of original can be permitted to be admitted as secondary evidence as it fulfills the conditions as prescribed u/s 65(c) of the Act - No prejudice is caused to accused, as he..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Will was handed over to Halqa Patwari but now original file of mutation not traceable - Defendant came to know of the loss of original will after revenue record was inspected - Order allowing secondary evidence, upheld...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted, foundational evidence has to be given being the reasons, as to why original evidence has not been furnished...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Defendant seeking permission to prove certified copy of Registered Will by way of secondary evidence - Defendant pleaded loss of original Will - Plaintiff admitted execution of Will though it was alleged to be result of fraud and misrepresentation - It was only the proof of Will which was the subject matter in the Will..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Carbon copies of account statement - Documents in question already exhibited in the year 2006 and defendants have never challenged the said order - Plaintiffs have made mention of these documents in the plaint and defendants have not denied these documents in their written statement - Moreover, case was pending for..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Will lost qua which rapat with Police already lodged - Order allowing secondary evidence upheld - Will has to be proved as per S.65 of Evidence Act...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Secondary evidence declined on the ground that Will was produced earlier in a case and there was forensic report that signatures of testator are doubtful - Said suit was withdrawn and no finding was given by trial Court - Trial Court committed an error by recording that Will is doubtful - Unless the parties are..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Coloured photographs - No reason is forthcoming as to why photographs in question were neither included in the list of documents nor tendered in evidence during course of his evidence, particularly when same were in power and possession of plaintiff on the date of filing of suit - Conditions pre-requisite for invoking..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
