Evidence Act, 1872, Section 65 -- Secondary evidence - Conditions to be satisfied - The existence of the document which might have been lost or destroyed or the party in whose possession the original is shown or appears to have refused to produce it before the Court despite notice or its existence, condition or contents have been proved to be admitted in writing so on and..........
Transfer of Property Act, 1882, Section 58(1) -- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Public document - Judgment - Original not available on Court records - Certified coy lost - Ordinary copy of judgment can be admitted as evidence...........
Punjab Land Reforms Act, 1972, Section 7, 5, 6 -- Affidavit of landowner missing from original file relating to surplus area case - Lapse advertently or inadvertently on part of Revenue Authorities - Right course to take action against Revenue Officials for having lost the document - Cannot penalise landowner or his successors...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Before allowing secondary evidence in respect of any document the original of which has been destroyed or lost, the Court is to satisfy itself that the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect produce it in reasonable time...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Can only be allowed on proof of existence of original document and that it is lost after it came into existence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is the conduct of the party, execution of the document, existence of the original and its lost or destruction are the basic ingredients to be taken into consideration while allowing permission to lead secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence of an unstamped document which is lost or destroyed is under no circumstances admissible...........
Evidence Act, 1872, Section 65 -- Secondary Evidence - Agreement to sell - Sent by Court to Sub - Registrar for ascertaining value of suit property for impounding document and levying stamp duty and penalty - Docu-ment lost in Sub-Registrar's Office - Loss not attributable to party - Photostat copy of document may be received as secondary evidence subject to payment of..........
Transfer of Property Act, 1882, Section 105 -- Lease or licence - Nature of deed - Tests: (1) substance of document should be preferred to the form, (2) real intention of parties, (3) document if creates interest in property then lease and if only permits user of which legal possession continues with owner then licence, (4) exclusive possession prima facie shows tenant -..........
