Kerala Land Reforms Act, 1963, Section 103, 74, 75 -- Revisional jurisdiction of High Court - Maintainability - Appellate Court set aside order of Tribunal granting cultivating rights to respondent - Challenge - As per evidence on record respondent`s predecessor has been cultivating tenant in respect of land in question - Failure of appellants in proving genuineness of..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - When highest limit is stipulated instead of fixed sum, in absence of evidence of loss, part of it can be held to be reasonable compensation and remaining by way of penalty - Party complaining of breach can certainly be allowed to reasonable compensation out of said amount if not the..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - In the absence of any evidence by party committing breach that no loss was suffered by party complaining of breach, Court has to proceed on guess work as to quantum of compensation to be allowed in given circumstances...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - Defendant failed to execute work of construction of sewerage pumping station within stipulated time - Said pumping station was of public utility project - Even if there is no specific evidence of loss suffered by plaintiff authority but project being public utility, delay itself can..........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 74, 76 -- FIR is a public document as defined u/s 74 of Evidence Act - Accused is entitled to copy thereof - Accused can submit an application for certified copy of FIR through his representative/agent/parokar to the concerned police officer or SP who is to supply certified copy within twenty four..........
Evidence Act, 1872, Section 74, 78 -- Gazette notification - Proof - Gazette notification, in the nature of public document, can be proved by mere tender of certified copy thereof - If certified copy is found to be incomplete, presumption of genuineness attached to government notifications, could not be ignored - Rather, Court can call for complete and correct copy of..........
Evidence Act, 1872, Section 74 -- Public document - Proof of public documents need not to be proved by examining the authors of those documents...........
Evidence Act, 1872, Section 65, 74 -- Cantonment Act, 1924, Cantonment Land Administration - Public documents - General Land Register and other documents maintained by the Cantonment Board under the Cantonment Act, 1924 and the Rules made thereunder are public documents and the certified copies of the same are admissible in evidence - It is settled legal position that the..........
Hindu Marriage Act, 1955, Section 8, Evidence Act, 1872, Section 74,65,114 -- Marriage certificate - Certified copy - Public document within meaning of S.74 Evidence Act - Certified copies are admissible as secondary evidence - It carries presumption u/s 114(e) Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74 -- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of..........
