Partition -- Partition effected by way of document - Held, such document requires registration - In absence of registration, same would be inadmissible in evidence...........
Criminal Procedure Code, 1973, Section 293 -- Report of Public Analyst - Admissible in evidence without calling the maker of the report as a witness - However, this does not mean that right of accused to cross examine the maker of the report is lost merely on the ground that the report can be used as evidence without being proved by a witness - Merely by pointing out to..........
Registration Act, 1908, Section 49 -- Proviso Admissibility of unregistered agreement to sell - No prohibition u/s 49 of the Act, to receive unregistered document in evidence as evidence of contract in suit for specific performance...........
Insurance claim -- Repudiation - For no, renewal of insurance policy as no Cheque was received - From the evidence filed before the District Forum there is a document on the letterhead of the petitioner addressed to the Respondent-'s Divisional Manager and Cheque of premium received by hand - The respondent cannot take the plea that the Cheque was not encashed because it..........
Indian Penal Code, 1860, Section 341, 449, 302, 34, Indian Penal Code, 1860, Section 341, 449, 302, 34 -- FIR - Statement of witness - Discrepancy - PW6, sister of deceased stated in her evidence that her statement was recorded around 10 A.M. - FIR got registered by elder brother of deceased at 11 AM - PW6 stated in her evidence that she took deceased to hospital in an..........
Hindu Marriage Act, 1955, Section 8, Evidence Act, 1872, Section 74,65,114 -- Marriage certificate - Certified copy - Public document within meaning of S.74 Evidence Act - Certified copies are admissible as secondary evidence - It carries presumption u/s 114(e) Evidence Act...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 91 -- Insurance claim - Repudiation - On the ground that Loss to brick kiln not covered by the cover note - The cover note has listed out the details pertaining to the insurance policy taken by the respondent No. 2 i.e. the Bank to cover the loan sanctioned to the petitioner - Insurance is only for..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Insurance claim - Surveyor-'s report - Loss assessed by the Second Surveyor was Rs. 2,59,181/- and the first Surveyor did not assess any loss - The report of a Surveyor is a credible document which must be relied upon unless controverted by credible proof of any infirmity in its findings - Petitioner has..........
Evidence Act, 1872, Section 63,64,65,66,92 -- Carbon copy of document - Admissibility - Plaintiff admitted his signatures on the carbon copy - Held, document stands proved and has been rightly exhibited...........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74 -- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of..........
