Evidence Act, 1872, Section 76, 77 -- Public documents - Certified copies - Proof of - Respondents have not filed certified copies of the Khasras in terms of S.76 of the Evidence Act and the documents which they have filed are nothing but certificate of Patwari which could have been proved by examining Patwari and by providing opportunity to the applicant to cross-examine..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Question as to whether use of agricultural yield for production of some other final product can be the basis of determining the fair market value of the acquired land - Held, what is required to be assessed, is the land and its existing potentiality alone as on the date of acquisition -..........
Land Acquisition Act, 1894, Section 23, 24 -- Land acquisition - Compensation - Question as to whether use of agricultural yield for production of some other final product can be the basis of determining the fair market value of the acquired land - Held, what is required to be assessed, is the land and its existing potentiality alone as on the date of acquisition -..........
Criminal Procedure Code, 1973, Section 451, 457, Motor Vehicles Act, 1988, Section 158(6) -- Seized vehicles - Release - In addition to the directions issued by Supreme Court in Sunderbhai Ambalal Desai case further directions issued viz : (A) Insurer may be permitted to move a separate application for release of the recovered vehicle as soon as it is informed of such..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A -- Additional documentary evidence - Can be produced with leave of Court which could not be produced alognwith the pleadings - Additional documents sought to be produced were not in existence at the time of filing of pleadings and during the production of evidence - Permission..........
Insurance claim -- Personal accident cover - Accident - Death of assured on account of inhaling the insecticides in the process of spraying insecticides in his sugarcane fields - Repudiation of claim on the ground that police report and postmortem report not produced which could prove that death of assured has taken place by accident - Held that these were not essential..........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Presumption - Rebuttal - Complainant Income Tax Payer - Non production of Income Tax Return or account - Held, absence of or non production of such evidence not sufficient to rebut statutory presumption...........
Evidence Act, 1872, Section 65 -- Secondary evidence - As a general rule secondary evidence is admissible only in the absence of primary evidence and when a proper explanation of its absence is given - Such secondary evidence cannot be admitted without the non-production of the original being first accounted for in a permissible manner...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Production of additional evidence at appellate stage - Application allowed as evidence sought to be adduced necessary to pronounce the judgment on issue...........
Civil Procedure Code, 1908, Order 17, Rule 3, Civil Procedure Code, 1908, Order 16, Rule 1 -- Adjournment sought for production of evidence on some other date - Petitioner undertook to produce and examine his entire evidence on any two consecutive dates and official witness to be served dasti, if need so arises - Petitioner took dasti summons to Ludhiana and Khanna for..........
