Evidence Act, 1872, Section 74, 76 -- Plaint - Not a public document - Requires proof - When it is not done so then certified copy cannot be said to be proved at all...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Application to file document and consequent amendment - Application filed at stage of final hearing - Document disputed - Application dismissed...........
Negotiable Instruments Act, 1881, Section 20, 118 -- Promissory note - Once the promisor signs the promissory note format, it becomes inchoate document and thereupon the promisee may fill it up and file a suit...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Finding of Appellate Court based on a document produced at the time of arguments - Court to record reasons for allowing additional evidence - Order of Appellate Court set aside...........
Criminal Procedure Code, 1973, Section 104, Passport Act, 1967, Section 10(3) -- Court can impound any document u/s 104 Cr.P.C. but it cannot impound a passport - Passport can be impounded u/s 10(3) of Passport Act - Passport Act is a special law while Cr.P.C. is general law - It is well settled that special law prevails over general law...........
Criminal Procedure Code, 1973, Section 102, 104 -- Seizure and impounding - Seizure is made when a authority takes into its possession some property which was earlier not in his possession - If after seizure the said property is retained for some period of time then such a retention amounts to impounding of property/or document...........
Document -- Proof - Mere marking of the document as exhibits, especially when at the appropriate time an objection was raised with regard to the mode of proof of the same, does not prove execution thereof...........
Agreement to sell -- Interpolation in the document - Opinion of Handwriting Expert that there is erasure but not tampering with the document - Held, document in question is genuine and has been rightly acted upon by the Courts below...........
Criminal Procedure Code, 1973, Section 482, 156(3), Indian Penal Code, 1860, Section 218, 219, 420, 120A, 120B -- FIR registered on directions given u/s 156(3) Cr.P.C. for an offence u/ss 218, 219, 420, 120-A, 120-B IPC - Allegation that medico legal report prepared was a fabricated document - Injured medically examined by different doctors/Board of doctors, who all..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Expert report - Hand writing expert - It is not necessary that party should always apply for examination of document by Hand Writing Expert - It is also the duty of the District Forum to get such an opinion if there are allegations made by the party as to the genuineness of the signatures for just and material..........
