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...........
Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Evidence Act, 1872, Section 76 -- Certified copies of documents placed on record by police - Petitioners have right to get certified copy of a pending case and also have right to get certified copy thereof in view of S.76 of the Act - Even in view of Art.14 of Constitution, accused should be granted a copy of documents purported to be against him at earliest possible stage..........
Evidence Act, 1872, Section 90 -- Sale deed - 30 years old - Certified copy of sale deed - Sale deed itself never produced in the case - Conditions enumerated u/s 90 of the Act not satisfied - Presumption u/s 90 of the Act not available...........
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...........
Evidence Act, 1872, Section 90 -- 30 years old document - Sale deed - Presumption u/s 90 of the Act - Original sale deed was tendered only at stage of rebuttal - No such sale deed was produced in affirmative evidence - It was not a case of leading secondary evidence by plaintiffs - Presumption does not apply to copy or certified copy even though 30 years old - If due..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Photostat copy neither certified copy nor copy made from original by mechanical processes which ensure accuracy of copy - Photostat copy cannot be termed as secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of a document not the original with the Registering Authority, not covered by S.65(e) of Evidence Act...........
Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........
