Evidence Act, 1872, Section 65 -- Secondary evidence - For allowing secondary evidence Court has to form opinion about loss of document and not its existence as the same is required to be proved by leading secondary evidence to prove the document...........
Criminal Procedure Code, 1973, Section 319 -- Additional evidence at appellate stage - Document sought to be produced essential for just decision of the case - Allowed...........
Delhi Municipal Corporation Act, 1957, Section 95(2)(b)(3) -- Delhi Municipal Corporation Service (Control and Appeal) Regulations, 1959, Regulations 8 and 9 - Termination - Principles of natural justice - Enquiry - Dispensing with enquiry - Appointment of petitioners on the basis of allegedly fake and fraudulent document as detected by Chief Auditor of respondent - No..........
Electricity bill -- Issuance of bill for non-domestic tariff because the respondent allegedly using the premises for business purpose - The document relied upon by appellant-OP has not been signed by consumer nor does it bear the signature of any other witness to prove that the premises in question were actually being used for non-domestic purpose - District Forum held..........
Will -- Execution- Proof - Mere identification of the signatures of executant or attestor or scribe by witness is not proof of due execution or valid attestation of Will - The ingredients of the attesting witnesses are the executant signing the document and the attestors signing as witnesses in the presence of the executant or on the receipt of personal acknowledgment by..........
Option -- CPF Scheme - Later request for coming over to GPF Scheme - Merely because the original document relating to exercise of option was not produced that should not be a ground to ignore the ample material produced to show exercise of the option - The CAT and the High Court held not justified in taking a different view...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Father of minor sold property of minor - Father of minor received certain amount as `advance money' but pleaded it as security amount - No tenancy agreement, rent receipt or other document produced by father/defendant proving it to be security deposit - Relief sought, to be granted...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49(2) -- Juvenile - Order declaring accused as juvenile passed on basis of forged document - Can be set aside by higher forum - Prohibition of S.49(2) is not attracted...........
Will -- Construction - Will as a whole must be considered - Merely because a part of a document is invalid, the entire document need not be invalidated, if the former forms a severable part...........
Will -- Construction - (1) In construing a document whether in English or in vernacular the fundamental rule is to ascertain the intention from the words used; the surrounding circumstances are to be considered; but that is only for the purpose of finding out the intended meaning of the words which have actually been employed; (2) In construing the language of the will the..........
