Arbitration and Conciliation Act, 1996, Section 8, 11 -- Original agreement or certified copy when not produced then reference to Arbitrator is not valid...........
Evidence Act, 1872, Section 32 -- Dying declaration - Recorded by Magistrate in question answer form in presence of Doctor who certified that deceased was fit to make statement - No Police Officer or anybody else was present at the time of recording dying declaration - Circumstantial evidence supported the dying declaration - Held, dying declaration is reliable...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section S.15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Offence under TADA - Confession before police - Police Officer who recorded the confession has not certified that he believed that the confession was voluntarily made - Confession not admissible in evidence...........
Consumer Protection Act, 1986, Section 15 -- Limitation - Review - District Forum passed order on 3.8.2000 - On 10.8.2000, opposite party moved an application before the forum to review the judgment and order - Application for obtaining the copy was made on 11.8.200 - Copy delivered on 6.9.2000 - Appeal filed on 5.10.2000 - O.P. in order to gain time moved an application..........
Criminal Procedure Code, 1973, Section 202 -- Complaint - Enquiry - Documentary evidence - Photostat copy of sale deed - Writing and signatures of sale deed is required to be proved to be the writing and signature of such person who is purported to has written, or signed upon the document - Photostat copy of a certified copy is not admissible in evidence...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Medical Negligence - The District Forum vide its judgment and order dated 6.4.1999 holding Appellants/O.P. Nos.1 and 2 negligent and directing them to pay a compensation of Rs.51,000 - The Opposite Parties obtaining the certified copy of the judgment and order on 23.10.199 and filing the appeal on 26.10.1999 - O.P...........
Evidence Act, 1872, Section 74, 65 -- Assessment order - Certified copy - Per se admissibility - Assessment order is a public document and certified copies of public documents are per se admissible in evidence...........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - Certified copy of the judgment of order dated 29.3.2000 was sent on 10.4.2000 by registered post to the OP, which was not received by the District Forum - Presumption that it have been received by the applicant within a reasonable time - Even if it is taken that the applicant came to..........
Transfer of Property Act, 1882, Section 58(1) -- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
Evidence Act, 1872, Section 24 -- Judicial confession - Accused in police custody - Produced before Magistrate on three occasions - After seven days of remand in judicial custody accused made confession and admitted the full length role played by him alongwith other accused - Magistrate certified that in his opinion accused made the confession voluntarily - Held, it cannot..........
