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,..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - Failure of tenant to prove forfeiture of tenancy prior to expiry of lease period - Mere non-payment of rent does not amount to forfeiture of tenancy - However it only confers right on landlord to seek possession - Landlord filing suit within 12 years..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of Will - Where photocopy of Will is produced with written statement without refutation and rebuttal, then there is no need for leading secondary evidence to prove the same - Primary evidence, in whatever shape placed on judicial file by way of photocopy, is acceptable to plaintiffs - Application rightly..........
Indian Penal Code, 1860, Section 364A, 302, 201, 506, 120B, Evidence Act, 1872, Section 65 -- Kidnapping for ransom - Murder - Call details - Accused asked ransom on mobile phone - Though police has taken call details but these were only marked - However, it was necessary for prosecution to prove call details as per S.65 of Evidence Act - Ownership of mobile has also not..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Contention that while deciding application u/s 65 of the Act, relevance of document cannot be examined, cannot be accepted inasmuch as, Court is not expected to decide application mechanically without looking into facts and purpose for which documents as secondary evidence are sought to be produced...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Documents sought to be produced by defendant pertained to transaction of brokerage between parties - However, relationship between plaintiff and defendant pertaining to brokerage is admitted in view of averments made in plaint - Documents were not relevant for controversy/subject matter of suit - Application rightly..........
Evidence Act, 1872, Section 65 -- Secondary evidence relating to contents of a document is inadmissible until no, production of original is accounted for so as to bring it within one or other cases provided for in S.65 of the Act - Secondary evidence must be authenticated by foundational evidence that alleged copy is in fact a true copy of original...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of family settlement - Original family settlement was lost as alleged by plaintiff - However, neither FIR was lodged by plaintiff with regard to loss of original family settlement nor any evidence was produced by him before trial Court that an effort was made for searching out the same nor any time or..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copies of public documents - Plaintiff sought permission to lead secondary evidence with regard to certain documents, which are public documents - Said documents being public documents, certified copies thereof could have been obtained by plaintiff and could be produced before trial Court, but the same has..........
