Evidence Act, 1872, Section 65 -- Secondary evidence - Failure to prove loss of original - Plaintiff cannot be permitted to tender secondary evidence in the form of certified copy...........
Criminal Procedure Code, 1973, Section 388, 418, 362 -- Failure to surrender due to illness or delay in getting certified copy - Extension of time sought - It is not prayer for alteration or review of judgment - Although Appellate Court or Revisional Court has no jurisdiction to fix any date for surrender of accused on confirming judgment of trial Court, however, since no..........
Consent decree -- Family settlement - Cogent evidence has to be led to prove family settlement - Mere tendering of certified copy of judgment and decree is not sufficient to prove family settlement...........
Registration Act, 1908, Section 17 -- Consent decree - Family settlement - Has to be proved by leading cogent evidence - Merely tendering of certified copy of judgment and decree is not sufficient - When family settlement is not proved then adverse inference has to be drawn that there was no such family settlement and that there was no pre-existing rights - Decree creating..........
Evidence Act, 1872, Section 63, 65, 65B -- Secondary evidence - Telephone Call records of Mobile - Absence of certificate u/s 65 B - Whether fatal - Held No - Secondary evidence means and includes, among other things, 'copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies' - Section..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(aa) -- Additional evidence - Appellant stage - Certified copies of orders passed by authorities under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 - The defendant-respondents were diligent inasmuch as the documents were handed over to their counsel in the trial Court but inadvertently or..........
Punjab Land Revenue Act, 1887, Section 72(4), 66 -- Attachment of property - Arrears of tax - Non payment of - Amount of arrears as certified by the Assistant Collector stood paid - There is no order of attachment on account of no, payment of arrears of any other kind - The respondents held duty bound to revoke the attachment and hand over the management of the assets to..........
Banker's Books Evidence Act, 1891, Section 4 -- Bank account - Statement - Duly certified by Bank Officer - Entries of said account has to be treated as sufficient evidence...........
Indian Penal Code, 1860, Section 498A, 304B, Evidence Act, 1872, Section 32 -- Bride burning - Kerosene sprinkled and match stick lit - Conviction of A1 and A2 father and mother of husband - Victim told this fact to PW1, PW4, PW5 and PW6 who came on spot - Medical Officer PW9 recorded statement that A1 and A2 poured kerosene on her and set fire - Similar statement recorded..........
Land Acquisition Act, 1894, Section 51A, Evidence Act, 1872, Section 64, 65 -- Sale deed - Certified copy - Admissibility - Provision enables the party producing the certified copy of a sale transaction to rely on the contents of the document without examining the vendee or the vendor of that document - However, presumption as to genuineness of the contents of the document..........
