Evidence Act, 1872, Section 90, 63, 65(c) -- Document executed in the year 1940 - Loss or destruction of original proved - Certified copy shown to have been obtained from custody of Sub Registrar - Held, certified copy can be admitted in evidence and genuineness of document can be presumed...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit land - Certified copy of map drawn by District Inspector of Land Records - Measurement map prepared by Public Officer in due course of official business - Held, description of suit land is adequate and proper in view of demarcation shown in the map...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession by way of redemption - Application for amendment moved in first appeal - Date of mortgage, particulars of mortgagors and amount of mortgage sought to be amended - Declined on the ground that amendment will challenged nature of suit, introduce altogether new case and period of..........
Constitution of India, 1950, Article 21, 136, 134 -- Supreme Court Rules, 1966, Rule 8 - Appeal from jail - When special leave petition is forwarded through officer-in-charge of jail along with certified copy of judgment, the same should urgently be placed before the Court - First listing of the case should not be delayed - At best an office note be placed that the..........
Punjab Land Revenue Act, 1887, Section 34 -- Mutation - Unregistered Wills - Doubtful execution - First in favour of son, second in favour of son, daughter & wife - Execution of Wills doubtful - Where there is doubt in execution of unregistered Will it is mandatory for Revenue Officer to sanction mutation as per natural succession - Beneficiary of Will to approach civil..........
Evidence Act, 1872, Section 65(f) -- Secondary evidence of public document - Registered lease deed lost and untraceable - Lease deed is public document - Secondary evidence can be given in respect of contents thereof by proving entry in register of Registration Office and/or certified copy of entry of lease deed in such register can be proved...........
Insurance claim -- Poultry birds - On the basis of some alleged discrepancies in the purchase vouchers one cannot deny that there were no birds at all - There is ample evidence on record in the form of detailed reports of the surveys conducted over a large number of days and the Veterinary Doctor who certified the deaths that the alleged death in fact had taken place -..........
Criminal Procedure Code, 1973 -- Chapter VIII - Proceedings under Chapter VIII - Party against whom proceedings are initiated is entitled to receive copy of order - Practice of passing order in printed form and not furnishing certified copy of order to the person or his advocate deprecated...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Cheque issued in 2003 whereas petitioner ceased to be Director of Company in 1994 - Certified copy of Form-32 issued by Registrar of Companies is a conclusive proof that petitioner resigned in 1994 - Petitioner was not Director at the..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Payment or Adjustment - Not certified or recorded under sub-rule (1) or (2) of Order 21, shall not be recognised by the court executing decree...........
