Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Imprisonment in default of payment of fine - Held, where a substantive term of imprisonment is inflicted, an excessive fine should not be imposed except in exceptional cases...........
Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Imprisonment in default of payment of fine - Court to keep in view the nature of offence, circumstances in which it was committed, the position of the offender and other relevant considerations such as pecuniary circumstances of the accused person as to character and magnitude of the offence before ordering..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 29, Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Imprisonment in default of payment of fine - Accused convicted u/ss 8(c), 21 & 29 of NDPS Act and sentenced to 15 years RI and to pay fine of Rs.1.5 lacs - Imprisonment in default of payment of fine reduced from 3 years to 6 months..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Before permitting the party to produce secondary evidence, it is necessary for the party to prove the existence and execution of the original document - In the instant case very existence of the original document, in respect of which permission to lead secondary evidence is sought not proved - Permission to lead..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Relationship of landlord and tenant denied by tenant therefore , question of issuance of rent receipts in favour of tenant does not arise - Approach of Rent Controller is perverse and illegal because question whether..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - As per Rent Controller, document sought to produced by secondary evidence can be self created by landlord - However, issuance of rent receipt denied by tenant - Approach of Rent Controller patently untenable because..........
Evidence Act, 1872, Section 63, 65, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction suit - Application for secondary evidence dismissed - Plea of tenant that there is no original receipt - Cannot be accepted because original receipt if issued could be in possession of tenant and not in possession of landlord - Application allowed...........
Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photostat copy of carbon copy made from original by mechanical process - Admissible in evidence provided it is compared with carbon copy as per provision of S.63 of the Act - However, legality, admissibility and relevancy of said document may be adjudged by Court only when case is finally decided...........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Succession Act, 1925, Section 63 -- Will - Necessary parties - Inheritance of `B' is in dispute in suit - Respondent No.4 and two other daughters and widow of `B' are his class I heirs along with plaintiffs and defendant No.1 being his sons - Held, inheritance of `B' cannot be effectually and completely adjudicated upon in..........
