Agreement to sell -- Specific performance - Defendants contended that agreement to sell is a fabricated document - However, they failed to appear and adduce evidence before trial Court and state their case on oath and offer themselves for cross examination by other side - Presumption rightly drawn against them that case set up by defendants is incorrect - Possession of..........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Summons to produce document - Defendant has already laid foundation about existence of document in question in written statement - Occasion for defendant to file an application for summoning the document had arisen only when his turn of evidence came to be recorded - It cannot be said that defendant had slept over in not..........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Xerox copy of original cheque - Original cheque is lost - Xerox copy of original cheque can be received as a secondary evidence, as S.65(c) of the Act permits admissibility of secondary evidence, if original document is lost...........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - If original document exists and is available, it must be produced because it is best evidence - However, if original is lost or destroyed, detained by opponent, or third person, who does not produce it before Court or physically irrecoverable, secondary evidence is admissible...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document and marking exhibit after closure of evidence - Other side should be afforded an opportunity for adducing rebuttal evidence against such document...........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Allegation that appellant tampered the documents in question in order to secure admission in BSW Part III course - However, passing of alleged document through the hands of several persons before it was detected as forged renders unsafe to arrive at a conclusion that appellant had authored the..........
Indian Penal Code, 1860, Section 420, 468, 471, 511, 34 -- Cheating - Forgery - Documents in question were stamped by college authorities and passed through administrative scrutiny - In the absence of evidence that appellant had dishonest intention to either make false document or knew of its falsity while submitting it, mental status or mens rea remains unproved -..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Agreement to sell - At the stage of execution of an agreement to sell, question of handing over of original documents would not arise - Even if allegation is taken to be correct, by no stretch of imagination can it be said that by not handing over original document of ownership..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - At the stage of final arguments - Plaintiff sought to produce an excerpt (Intakhab) to prove ancestral nature of suit land - Document essential for just and proper adjudication of matter - One effective opportunity is granted to petitioner to produce the document in question subject to payment of costs of..........
