Evidence Act, 1872, Section 35 -- Admissibility of a document under section 35 - Three conditions to be satisfied viz. (1) Entry that is relied on must be one in a public or other official book, register or record; (2) It must be an entry stating a fact in issue or relevant fact; and (3) It must be made by a public servant in discharge of his official duty, or any other..........
Stamp Act, 1899, Section 35 -- Document - Insufficiently stamped document - Stamp duty can be collected only at the time of its admission into evidence - Court cannot order payment of stamp duty and penalty before the stage of admission of the document in evidence...........
Stamp Act, Section 38, 33, 35, 40 -- Document insufficiently stamped - Failure to pay amount fixed by Court - Cannot be the sole basis for dismissing suit - Section 35 empowers Court to direct party who wants document insufficiently stamped to be acted upon, to pay stamp duty or deficient portion together with penalty, for enabling document to be admitted in evidence -..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Document requiring compulsory registration - Such document when unregistered is not admissible in evidence - However it can still be received in evidence to be read for collateral purposes if it was stamped properly but not registered - Collateral purposes pointed out - Unstamped document cannot be read..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 33, 35, 37 -- Proviso - Unregistered sale deed - Can be impounded under S.33 of Stamp Act and admitted in evidence under S.37 of the Stamp Act as a contract - Rejection of the document by lower Court as inadmissible in evidence - Unsustainable in law - Direction given to follow the procedure prescribed for..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - The document if found not stamped or insufficiently stamped can be admitted in evidence on payment of the stamp duty and penalty and so the Court has to grant an opportunity to the party producing it for payment of stamp duty and penalty before necessary decision about its admission or impoundment is taken -..........
Evidence Act, 1872, Section 35, 114 -- Public documents - Entries in the Birth and Death register - Presumption of correctness - The entries in the Birth and Death Registers are public documents and are admissible under Section 35 of the Evidence Act and it is not necessary to prove who made the entries and what was the source of his information. The register, being a..........
Evidence Act, 1872, Section 35 -- Death certificate - Issued by competent authority in the regular course of discharge of official duties - Held, it is to be taken as an authentic document as the acts done in the discharge of official duties are presumed to have been done correctly...........
Stamp Act, 1899, Section 33, 35 -- Deficient stamp duty - After registration of a document Sub Registrar is not competent to recover deficient stamp duty - If a document insufficiently stamped is produced in evidence before any authority, the same may be received in evidence only after imposing of the penalty...........
Evidence Act, 1872, Section 35, 79 -- Land records - Presumption of correctness of entries - Inference of genuineness of document can be drawn when entries are made in manner prescribed in rules...........
