Evidence Act, 1872, Section 65(e), 74(2) -- Secondary evidence - Certified copy of registered sale deed - Registered sale deed is a public record of private documents and admittedly falls within definition of public documents to S.74(2) of the Act - Certified copy of registered sale deed is thus, admissible as secondary evidence u/s 65(e) of the Act...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Merely because there is breach of contract such breach is not actionable unless breach of loss is caused to aggrieved party - Moreover, there can be forfeiture of amount paid under contract only when aggrieved party is caused loss...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Suit for recovery - As per admitted facts on record defendant neither as per its written statement nor as per its evidence led, ever pleaded and proved that any loss has been caused to defendant on account of failure by plaintiff to take dealership of defendant - Hence, defendant cannot forfeit..........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money or security for due performance of contract - It is necessary that contract must contain a stipulation of forfeiture - If there is no stipulation in the contract of forfeiture, there is no such right available to the party to forfeit the sum...........
Indian Contract Act, 1872, Section 74 -- Breach of contract - Forfeiture of earnest money - Public auction - Stipulation as to security amount deposited by bidder is liable for forfeiture by State not mentioned in the advertisement - Even contingencies in which such right of forfeiture can be exercised by State not stipulated - State thus have no right to forfeit the..........
Indian Contract Act, 1872, Section 74 -- Public auction - Breach of contract - Non-compliance of four conditions by bidder - Four conditions not accepted by bidder were not the part of public notice, nor they ever communicated to bidders before auction proceedings - Since those four conditions were added unilaterally and communicated to bidder/appellant by respondent no.2..........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 74 -- Income tax returns - Income tax returns are public documents within the meaning of S.74 of Evidence Act - There is no embargo for the Court to summon the Income Tax returns of a person...........
Civil Procedure Code, 1908, Order 13, Rule 10, Evidence Act, 1872, Section 73, 74 -- Comparison of disputed with admitted signatures - Summoning of Income Tax Returns - Plea that disputed document does not contain the date, month and year of execution - Income Tax Returns sought to be summoned pertains to the period 2000-2001 - Disputed document also executed on or after..........
Evidence Act, 1872, Section 74, 75 -- Private document - All documents other than those mentioned u/s 74 of Act, are private documents...........
Evidence Act, 1872, Section 63, 65, 74, Registration Act, 1908, Section 57 -- Secondary evidence - Registered document - Registered document properly executed by parties is not a public document - It is certainly a private document - True copy of document presented for registration, which has been entered in books of registration, kept as per law is public document falling..........
