Evidence Act, 1872, Section 62 - - Photocopies of documents - Rejection of - Original written report sent by complainant to SP and original acknowledgement of said report were not annexed with charge sheet - Additional Sessions Judge rightly rejected application of applicant for marking exhibits on photocopies of report and acknowledgment of said report...........
Evidence Act, 1872, Section 62 - - Rejection of - Application for marking of documents rejected because application filed through private counsel - Mere submission that conducting prosecutor refused to comply with wishes of complainant assisted by private counsel of his choice is not sufficient to dispose of matter in hand - Trial Court ought to have focused on subject..........
Criminal Procedure Code, 1973, Section 154, 161 -- FIR - FIR was lodged on the basis of report lodged by PW16 with SHO - Any subsequent report submitted by PW16 could be at best treated to be a statement u/s 161 Cr.P.C and could not be admitted in evidence by marking exhibit thereupon...........
Evidence Act, 1872, Section 65B -- Electronic record - Non production of certificate - Curable defect - Such defect stands cured at the time of marking of the document when defendant never objected to exhibiting/marking of the same during course of trial...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(f), 17(2)(vi) -- (as amended in State of A.P) - Marking of document - U, registered and unstamped award of Lok Adalat is not admissible in evidence despite containing recitals about relinquishment of rights over an immovable property...........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove being bonafide purchaser is without merit - No..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Recovery of 15 kg 600 gms Ganja - Search and seizure - Official witnesses supported every statement made in complaint - Accused were aware of their legal rights before they were searched, seizure of narcotics, drawing of samples, marking and sealing them etc. - Sealed seized items were..........
Civil Procedure Code, 1908, Section 151 -- Recall of PW1 to mark documents at the stage when case was fixed for arguments - Held, petitioner cannot be allowed to seek reopening of his evidence to recall PW1 for the purpose of marking the documents produced by him or ask the Court to direct defendant to produce a document, which he did not admit to be in existence...........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Evidence Act, 1872, Section 65B -- Call Data Record CDR - Non-production of certificate u/s 65-B of the Act on an earlier occasion was a curable defect which stood cured - An objection relating to mode or method of proof has to be raised at the time of marking of the document as an exhibit and not later - If an objection was taken to CDRs being marked without a..........
