Evidence Act, 1872, Section 65 -- Secondary evidence - There is no specific provision for filing an application to seek permission to lead secondary evidence - However, party seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Tenant not pleaded in the plaint that original Rent Note is with the landlord - It is immaterial as tenant while seeking permission to lead secondary evidence has to explain the absence of primary evidence as a pre condition before leading such evidence, which can be given at any stage before or when evidence is being..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Offence by Company - Vicarious liability arises only when Company or firm commits the offence as primary offender - Unless the company or firm commits the offence as a principal accused, persons mentioned in sub-section (1) or (2) would not be liable and convicted as vicariously liable...........
Rent and Eviction -- Eviction petition - Plea of tenant having no objection to vacate subject to refund of security deposit and expenditure of Rs.75 Lakhs for repairs and maintenance of premises - Proof of expenditure - A suggestion has been put to DW1 that no money was spent by tenant for repairs or renovation of suit schedule premises, as the suit schedule premises was a..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Evidence Act, 1872, Section 61 -- Proof of a document - Mere marking of exhibit on a document does not dispense its proof - Document has to be proved qua its contents in terms of S.61 of the Act, either by primary or secondary evidence - In the absence of such a burden being discharged while exhibiting the documents, Appellate Court has clearly erred in accepting documents..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Not permissible when primary evidence itself is inadmissible...........
Evidence Act, 1872, Section 106 -- Presumption - S.106 of the Act does not directly operate against either a husband or wife staying under same roof and being last person seen with deceased - S.106 of the Act does not absolve prosecution of discharging its primary burden of proving the prosecution case beyond reasonable doubt - It is only when prosecution has led evidence..........
Agreement to sell -- Specific performance - Agreement primary security for advancement of loan and not an agreement to sell simpliciter - Decree for refund of amount paid alongwith interest at the rate of 7% per annum from the date of filing of suit till date of actual payment, upheld...........
Income Tax Act, 1961, Section 80P(2)(a)(i) -- Deduction - Primary agricultural credit society entitled to deduction u/s 80-P(2)(a)(i) of the Act, even if they give loan to non-members, as profits attributable to such loans cannot be deducted...........
