Evidence Act, 1872, Section 65 -- Secondary evidence - Copy of a copy, mechanically reproduced from the original - Can be received as secondary evidence - However, there must be an authenticity or certification of the first copy from the original...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Contraband - Recovery of 1 Kg & 100 gms of charas from possession of accused - Non-compliance of provision of S.52-A - Magistrate has only seen seals but nothing else has been done - Held, Magistrate is not only required to check seals but is also required to ensure that stuff which is produced before him..........
Succession Act, 1925, Section 372 -- Succession certification - Brother of deceased, merely on the basis of nominee in policy taken by deceased, not entitled to claim succession certificate in his favour - However, wife of deceased remarried after his death - Wife, thus forfeited her right to claim any interest in property of her deceased husband - Furthermore, once after..........
Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, Section 10 -- Equity shares purchased by appellant which were found to be tainted - Special Court fixed a cut off date during which it could facilitate certification of tainted shares - Appellant approaching special court for certification of tainted shares after cut off date - Application..........
Consumer Protection Act, 1986, Section 12 -- Date of birth - Correction in matriculation certificate - Maintainability of complaint - Before going into the issue of correctness of date of birth recorded in matriculation certification, District Forum has to decide whether so called failure to make correction amounted to deficiency of service - Matter remitted back to..........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Tehsildar - Tehsildar not obtained certificate from medical officer regarding condition of deceased - That itself is not sufficient to discard dying declaration - What is essentially required is that a person who recorded the dying declaration must be satisfied that the deceased was in a fit state of mind -..........
Consumer Protection Act, 1986, Section 2(1)(e) , 2(1)(g) -- Consumer dispute - Housing loan - Deposit of document as security - Though complainant has sought multiple reliefs in the body of his complaint, only relief of return of security documents is claimed - The complainant has not obtained loans in his capacity as employee of the OPs - Bank cannot claim that it is not..........
Evidence Act, 1872, Section 32 -- Dying declaration - Does not become unacceptable merely because certification by doctor about the fit mental condition of the deceased was not taken - Certificate by doctor is a rule of caution - However, the person who records it must be satisfied that deceased was in fit state of mind to give the dying declaration...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of temporary injunction Court can refer to documents which are produced on record without formal proof - Court has to consider the material on record in its entirety - Affidavits which are filed on record have to be read in consonance with the pleadings of the plaint, pleadings of the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Seeds Act, 1966, Section 5 -- Seeds - Hybrid Cotton Seed variety CAHH-468 - Expert report - The seed material was drawn from the unsold stock of seed of this particular variety and procured from the producers as also from the District Seed Certification Officer - Field test found the dealer and the State Seed..........
