Stamp Act, 1888, Section 35 -- Proviso Instrument chargeable with duty - S.35 of the Act mandates that such instruments should be stamped so as to make it admissible in evidence - Inadmissibility of instrument chargeable with stamp duty if not stamped is absolute whatever be nature of purpose, main or collateral purpose, unless requirements of proviso A to S.35 are..........
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...........
Will -- Registration - Sufficient time gap between execution of Will and death of testator and even then Will not got registered - Held, not a suspicious circumstance as there is no requirement of law that Will should be registered for being admissible in evidence or for being considered to be a genuine Will...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Evidence Act, 1872, Section 61, 62, Civil Procedure Code, 1908, Order 26, Rule 10 -- Admissibility of a document is different from reliability of evidence - Before a piece of evidence is appreciated, Court must make sure that it is admissible in law and it constitutes "evidence" as per law...........
Evidence Act, 1872, Section 76, 77, 74, 78 -- Public document - Certified copy of a public document is admissible in evidence without being proved by calling witness...........
Evidence Act, 1872, Section 90, 65 -- Documents 30 years old - Presumption as to - Secondary evidence - Original lost - Relevant records in the registry office were burnt - Registered copy of the document cannot be filed - Document has come from the side of Plaintiff, the successor-i, interest of the original beneficiaries - Held, u/s 90 of the Evidence Act, court can..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 293 -- Contraband - Recovery of - FSL report - Admissible in evidence and it is not required to be proved by the person who prepared it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Criminal Procedure Code, 1973, Section 293 -- Contraband - Recovery of - FSL report - Report is admissible in evidence - Every fact mentioned in the report is admissible in evidence...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Admissibility of - Doctor who conducted post-mortem has not been examined by plaintiff - Postmortem report has not been placed on record - Indeed, document Ex.P10 is a secondary evidence because it is based on primary evidence which is post-mortem report - Held, it is well settled in law that if primary evidence is..........
