Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Will -- Not necessary that Will be marked only through an attesting witness - A Will can be marked through a propounder - S.68 Evidence Act does not specifically mention that a Will has to be marked through an attesting witness - Said provision says only with regard to execution as well as attestation and same does not speak about marking of the same. (Civil Procedure..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Not a conclusive proof of contents of the same and is required to be proved during trial...........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Recoding of evidence - Mere marking of a document as an exhibit does not dispense with its proof - Party leading evidence by way of affidavit is not required to exhibit or mark any document and to decide whether document is to be exhibited or marked, as the same is to be decided by Court - Moreover, execution of document in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 180.450 kgs poppy straw (husk) - Secret information - Non-compliance of provision of S.42 of Act - No information was passed to superior officer - Mere production of letter stated to be addressed to DSP and getting it marked would be insufficient, as mere marking of a document does not dispense..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Evidence Act, 1872, Section 3 -- Document - Articles like Memory Card, Hard Disc, CD, Pe, drive, etc., containing relevant data in electronic form are `documents' as defined u/s 3 of Evidence Act, albeit, marking them as material objects...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Xerox Copy under RTI Act of private documents are not certified copies within the meaning of provisions of S.65 of Act - They are merely true copies of private documents available in the records of particular Department - Production and marking of such copies is permissible only after laying a foundation for acceptance..........
Criminal Trial -- Marking of exhibits - Direction issued viz. : (i) all trial Court judges deciding criminal matters shall ensure that proper exhibits should be marked on prosecution papers as well as on defence papers; (ii) a list of exhibited papers be prepared along with description of witnesses who have proved it and; (iii) if the document is public document, it may..........
Evidence Act, 1872, Section 61, 68, Civil Procedure Code, 1908, Order 13, Rule 4 -- Proof of a document - Neither mere admission of a document in evidence amounts to its proof nor mere marking of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law...........
