Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Dismissal of on ground that only uncertified copy of decree sheet attested by Advocate filed and not the certified copy - The certified copy filed only after expiry of limitation - Held that as per the proviso, filing of certified copy is not sine qua non - As an attested copy was filed along with appeal, therefore,..........
Evidence Act, 1872, Section 32 -- Suit for cancellation of sale deed alleging that defendants got it executed from his father `S' by playing fraud - Plaintiff filed family register maintained under Panchayat Raj Act, indicating that plaintiff is son of `S' and also certified copy of Will of `S' wherein it is indicated that plaintiff is son of `S' - Statement of `S' in Will..........
Evidence Act, 1872, Section 65, 66, 63, 79 -- Secondary evidence - Certified copy of Will - Plaintiff never received original will - S.65(a) not applicable - Consequently S.66 also not required to be followed - Certified copy of Will is admissible in evidence for purpose of proving contents of original document in view of Ss.63(1), 65(f) and S.79 Evidence Act r/w S.57..........
Sale deed -- Proof - To be proved by examining one of the attesting witness and by producing the record from the office of Sub Registrar - Certified copy is not per se admissible...........
Evidence Act, 1872, Section 32 -- Dying declaration - Patient in a fit state of mind to make the statement - Certificate of doctor - Doctor certified on the docket that patient is fit to record her statement - Dying declaration bearing attestation of the doctor at its footnote - Dying declaration cannot be rejected merely for the reason that there is no certificate of..........
Prevention of Corruption Act, 1988, Section 13(2), 7 -- Bribe - Accused a clerk in the Office of Sub Registrar - Complainant a document writer - Complaint suppressed the fact that he is a document writer and stated that he was doing agricultural work - Casts doubt that complainant is not a truthful witness when seen in the context that the purpose for which certified copy..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Certified copies of public record - On comparison of these documents with those already on record it was found that the two are at variance - Variance determined either way would have a material bearing on the crucial issue arising for decision between the parties - No prejudice is..........
Insurance claim -- Mule death - Repudiation of claim on the ground that post-mortem report not sent - The appellant admitted that it received the claim form, Panchnama and tag of the dead mule - Held that tag of the mule is in itself the identification of the dead mule - In the medical report and the claim form, the doctor has also certified about the post-mortem report -..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32 -- Dowry death - Conviction of husband and his father - Dying declaration by deceased to police official and second dying declaration recorded by Executive Magistrate - Both dying declarations recorded in presence of doctor and certified by doctor that victim was conscious and in a fit state of..........
Insurance Claim -- Repudiated - Ground that building collapsed on account of poor quality of material and not due to lightening - No report of any laboratory produced commenting on the quality of material used - At the time of insurance cover the building was certified as class I construction - Factum of lightening supported by affidavit of complainant's son and four..........
