Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6 -- Exhibiting a document - Permissible only when document is admissible in evidence - In case it is found to be not admissible, the same is to be rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Delay of 7 days in sending sample for analysis - Seals found intact and untampered - Not fatal to proseuction case. None tampered with the sample parcels, until the same reached the office of the Chemical Examiner. Above all, there is report of the Chemical Examiner Ex.P11, which clearly..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 53, 54 -- Juvenile - Proof of age - Voters list - It is a public document but entry therein is not admissible unless it is shown on what material the entry in voters list was made...........
Dog squad -- Evidentiary value - In the present state of scientific knowledge evidence of dog tracking, even if admissible, is not ordinarily of much weight...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 293 -- Poppy husk - Recovery of three bags each containing 35 kg. - Non examination of Chemical Examiner - Held, report signed by Chemical Examiner or Assistant Chemical Examiner to Government is per se admissible into evidence - Accused having grouse against the report..........
Insurance claim -- Repudiation - Driving licence - Claim on 'Non Standard Basis' - Driver authorised to drive LTV (Non - transport) not entitled to drive a commercial/transport vehicle without endorsement - Breach/violation of the terms and conditions of the insurance policy including limitation as to its use - As per regulations framed by the Insurance Regulatory..........
Evidence Act, 1872, Section 27 -- Body of victim found much before arrest of accused which was known to entire village - Information given by accused u/s 27 of Evidence Act not admissible in evidence regarding his admission of committing the offence...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - There is no embargo on the appellate Court reviewing the evidence upon which an order of acquittal is based - Generally, the order of acquittal is not interfered with because the presumption of innocence of accused is further strengthened by acquittal - If two views are possible on the evidence..........
Evidence Act, 1872, Section 27 -- Fact discovered - Requirements of the provision summed up viz. (1) The fact of which evidence is sought to be given must be relevant to the issue. It must be borne in mind that the provision has nothing to do with the question of relevancy. The relevancy of the fact discovered must be established according to the prescriptions relating to..........
