Evidence Act, 1872, Section 63, 74 -- Sale deed - Certified copy - Refusal to admit - Original sale deed filed in suit pending in same Court - Sale deed not a public document - Only remedy available with plaintiff was to summon file of civil suit in which original sale deed was filed...........
Certified Standing Order -- Clause 30 - Domestic inquiry - Principles of natural justice - Non - supply of the list of witnesses, enquiry report - Management appears to be biased against the employee, in case it tries to withhold information from the employee, which is essential for him to effectively defend himself before the Enquiry Officer - Violative of principles of..........
Evidence Act, 1872, Section 34, Banker's Books Evidence Act, 1891, Section 4 -- Money suit by bank - Loan sanctioned by bank - Entries of loan transaction taken in the ledger book - Copy of ledger certified by branch manager as per the Bankers book - Copies of ledger extracts corroborated by him - Loan transactions also corroborated - Held, bank duly proved the suit claim...........
Indian Penal Code, 1860, Section 302 -- Conviction by trial Court - Acquittal by High Court - Dying declaration - Doctor attending the deceased certified that she was in a fit condition to make the statement - Doctor is an appropriate person to certify on this aspect - Dying declaration cannot be discarded - No reason assigned by High Court as to why declaration made by..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or adjustments - D.H. not remembering as to receipt of payment and issuance of receipts - Other party producing receipts - Objections cannot be dismissed that payment is not certified - It is for the executing Court to decide the fact as to whether payments have been made or not...........
Punjab Agricultural Produce Markets Act, 1961, Section 6(3) -- Dealing in certified seeds - Not a business of sale and purchase of specified agricultural produce - No requirement to obtain a licence under the Act...........
Criminal Procedure Code, 1973, Section 164, 207, 173 -- Confessional statement of accused - Supply thereof - Held, there is no prohibition in law to supply a copy or a certified copy of a confessional statement of an accused, to accused, at any stage before filing of charge-sheet - However, accused has no legal right to seek a copy or a certified copy of his/her..........
Seeds -- Defective seeds - Cotton seeds - The seeds of the same lot/batch number when tested in the State Seed Testing Laboratory were certified to be of poor quality - Since the report of the laboratory is by way of expert opinion the complaint rightly accepted by the District Forum...........
Industrial Disputes Act, 1947, Section 2(00) , 25F -- Absence from duty - Abandonment of service - Retrenchment - Respondent - workman a confirmed hand - Applied for leave on medical ground - Remained absent beyond 10 days - Services deemed to have abandoned voluntarily in terms of clause in certified standing order - No notice was issued by the petitioner - company..........
Will -- Revocation - Burden of proof - Certified copy proved from Bahi of scribe - Propounder of revocation deed examined the attesting witness who states that the revocation deed was read over to the testator by its scribe who put his left thumb impression after admitting it to be correct - Burden shifts upon the party who alleges a fact that the document does not bear..........
