Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Application for taking on record the certified copy of challan - Fact of filing FIR already indicated in the reply before Tribunal and during pendency of said proceedings challan has been filed - Once plea is raised in the written statement and a subsequent event thereto has happened, document should be..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of certified copy of Judgment and decree - Admissible in evidence, particularly, when original judgment and decree was not traceable as record room caught fire and case file was burnt - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), 340 -- Bar u/s 195(1)(b)(ii) Cr.P.C. - Application u/s 340 Cr.P.C. - Maintainability - Copy of alleged complaint which is said to be forged, by changing its date was allegedly changed prior to its filing and production before Court - Bar u/s 195(1)(b)(ii) Cr.P.C., does not operate - If bar does not operate, then S.340..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Mere fact that criminal case has been registered against respondent for accident is no ground to establish rash and negligent driving on part of respondent - Copy of FIR and report u/S.173 of Cr.P.C. are not substantive evidence - Tribunal has to base its finds on basis of evidence adduded before it - Claimants have only..........
Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
Motor Vehicles Act, 1988, Section 149, 166 -- Compensation - On application of Insurance Company court directed driver and owner to supply copy of route permit, fitness certificate on next date of hearing but those documents were not supplied - Even in its evidence respondents have only produced copy of registration certificate, driving licence and insurance policy -..........
Arbitration and Conciliation Act, 1996, Section 8(2) -- Application u/s 8(1) of the Act - Application not to be entertained unless accompanied by original arbitration agreement or a duly certified copy thereof...........
Arbitration and Conciliation Act, 1996, Section 8(2) -- Reference to arbitration - Filing of original or duly certified copy of arbitration agreement at the time of consideration of application - Application not to be rejected u/s 8(2) of the Act...........
Arbitration and Conciliation Act, 1996, Section 8(2), (14) -- Reference of dispute to arbitration - Arbitration clause - Application not accompanied with document containing arbitration clause - Once execution of document is admitted and it contains arbitration clause as set out in clause 14, production of original or certified copy of said reconstitution deed is wholly..........
