Evidence Act, 1872, Section 35 -- Proof of a document - Mere marking of a document as exhibit cannot be held to be due proof of its contents - Its execution has to be proved by admissible evidence...........
Evidence Act, 1872, Section 35 -- Public document - Has to be tested by applying the same standard in civil as well as criminal proceedings...........
Stamp Act, 1899, Section 35 -- Schedule I-A, Article 47-A - Agreement to sell - Admissibility in evidence when proper stamp duty is not paid when there is recital of delivery of possession - Pleading that possession not delivered - Execution of agreement and delivery of possession denied in written statement - Document is admissible in evidence without payment of proper..........
Evidence Act, 1872, Section 35 -- A document may be admissible but still entry contained therein whether has any probative value may still be required to be examined in the facts and circumstances of a particular case...........
Evidence Act, 1872, Section 35 -- Official document - Conflicting entries in official documents - In such a situation the entry made at a later stage has to be accepted and relied upon...........
Evidence Act, 1872, Section 35 -- Official document - Entry - Entry in official record by an official or person authorised in performance of an official duty is admissible u/s 35 of the Act - Party can still ask the Court/Authority to examine its probative value - Authenticity of the entry would depend as on whose instruction/information such entry stood recorded and what..........
Stamp Act, 1899, Section 35, 2(15) -- Schedule 1-A, Article 40 - Memorandum of past partition - Amounts to instrument of partition under Section 2(15) of the Act by virtue of A.P. (Amendment) Act 17 of 1986 w.e.f. 16.08.1986 - It requires stamp duty under Article 40 of Schedule 1-A of Stamp Act - Unstamped memorandum of past partition is inadmissible in evidence under..........
Stamp Act, 1899, Section 35, 49 -- Document not properly stamped - Cannot be used in evidence of any transaction - Objection regarding insufficiency of stamp can be made only at the time when the document is tendered in evidence - S.36 of the Act prevents a person from objecting to the insufficiency of stamp if document is received without objections...........
Stamp Act, 1899, Section 35 -- Distinction between the two provisions - S.49 of Registration Act enable a person to rely on an unregistered document which is required to be registered from being used as evidence of a collateral transaction - However, S.35 of Stamp Act interdicts the reception of a document in evidence for any purpose if it is insufficiently stamped - In..........
Evidence Act, 1872, Section 35 -- School admission register - An entry in a school register is not a public document - It must be proved in accordance with law...........
