Evidence Act, 1872, Section 65 -- Sale deed - Loss of original - Certified copy - Without taking any steps for production of the original or laying the foundation for secondary evidence, production of a certified copy by itself is not admissible in evidence...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Limitation would be counted from the date on which the certified copy of the judgment is supplied to the party...........
Banker's Books Evidence Act, 1891, Section 2(8) -- Bank account statement - True copy - Cannot be treated as certified copy and cannot be acted upon unless it contains an endorsement made by responsible officer of Bank with seal and stamp of Bank as required under S.2(8) of the Act - Such an endorsement is mandatory and not directory - Somebody must speak to the contents..........
Evidence Act, 1872, Section 32 -- Dying declaration - Fit to make dying declaration certified by doctor who conducted the post mortem - Deceased had 95% burn injuries and she was put on oxygen the moment she was brought to hospital and continued on oxygen till she died - In such a situation it is difficult to believe that she could have made a dying declaration when she..........
Evidence Act, 1872, Section 74 -- Public document - Is admissible in evidence without formal proof and certified copy of the document is admissible in evidence for the purpose of proving the existence and contents of the original...........
Evidence Act, 1872, Section 78(6), 85, Registration Act, 1908, Section 33 -- General Power of attorney - Executed by a person residing outside India - Duly authenticated by a Notary Public - Fulfills the requirement of S.33 Registration Act - It does not require registration in India - Its original or certified copy is admissible in evidence and attaches a rebuttal..........
Evidence Act, 1872, Section 78(6) -- Public document of foreign country - Can be proved by a copy certified by the legal keeper thereof with a certificate either of a Notary Public or an Indian Counsel or a Diplomatic Agent - Such document fulfills the requirements of S.78(6)...........
Indian Penal Code, 1860, Section 302 -- Rape and murder - Girl aged 15-16 years - Body thrown into a well - Conviction based on circumstantial evidence - Identity of deceased established by superimposition report of FSL - Assistant Director certified that skull could have belonged to a person in the photograph - Identity of deceased had to be established by skeletal..........
Insurance claim -- Repudiation - Grounds that deceased was suffering from diabetes and kidney troubles from before 8 years of death and false information was given in proposal form - Proposal form countersigned by the doctor of Insurance company who certified that the replies given are correct - Repudiation of claim on the basis of certificates of a doctor who never..........
Evidence Act, 1872, Section 32 -- Dying declaration - If the person recording the dying declaration is satisfied that the declarant is in a fit medical condition to make a dying declaration then such dying declaration will not be invalid solely on the ground that it is not certified by the doctor as to the condition of the declarant to make the dying declaration...........
