Evidence Act, 1872, Section 65 -- Secondary evidence - Power of attorney - Plaintiff successfully proved existence of power of attorney - Defendants denied not in possession of any such power of attorney - Order granting permission to plaintiff to prove the same by way of secondary evidence, upheld...........
Civil Procedure Code, 1908, Section 65, Order 21, Rule 95 -- Auction sale - Delivery of possession - It was imperative on part of DH to take possession of property auctioned by him - If he fails to get possession through execution Court, his relief U.O.21 CPC, is lost, though his title over property sold subsists...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Public document - Original not available in office record and only a photocopy available - Sufficient to allow secondary evidence...........
Constitution of India, 1950, Article 366(29A)(d), Finance Act, 1994, Section 65(105)(zzzzj) -- Service tax - Seller engaged in business of distributing gas, installing pipes and measuring equipment to its customers for supply of gas, at the cost of customers, buyer - Installation of equipment regulates and records quantity of PNG consumed by customer, which is then used..........
Motor Vehicles Act, 1988, Section 65, 211, Madhya Pradesh Motor Vehicle Rules, 1994, Rule 55A -- Registration of motor vehicle - Power of State Government to levy fee - State Government has authority to prescribe a fee for reserving certain numbers or distinguishing marks to be assigned as registration numbers...........
Evidence Act, 1872, Section 65(b) -- Secondary evidence of attested copy of cheque and cheque return memo - There is no bar to permit to file photo copy of a document as secondary evidence - Attestation made by banker on the document in question without verification of original would not disable Court from receiving said document - Even if secondary evidence is permitted..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of `Batwaranama' - Defendants failed to prove that photocopy of document was prepared from its original - Plaintiff also disputed genuineness of said photocopy - Defendants have not disclosed as to original one was in whose possession - They failed to show any of grounds enumerated u/s 65 of the Act -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted, foundational evidence has to be given being reasons as to why original evidence has not been furnished...........
Evidence Act, 1872, Section 65 -- Secondary evidence - An application is not required to be filed in terms of S.65(c) of the Act - If foundation for leading secondary evidence is there either in plaint or in evidence then secondary evidence cannot be ousted for consideration only because an application to lead secondary evidence was not filed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Certified copy obtained from the office of Sub Registrar - Photocopy of Will also produced - Will stated to be lost - Execution of Will admitted by plaintiff but alleged to be result of fraud and misrepresentation - Once evidence of defendants is that original Will was lost and certified copy is produced,..........
