Evidence Act, 1872, Section 65 -- Secondary evidence - Party seeking to lead secondary evidence should lay a proper foundation for it in pleadings as to the executant of document, in whose favour it was executed, contents, attestors, scribe, etc. - Laying of proper foundation is a condition precedent for permitting secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Cannot be refused on the ground of non issuing of notice to the opposite party to produce the said document in its possession in case the said party denied its execution either by filing written statement or by filing objections...........
Civil Procedure Code, 1908, Order 16, Rule 6 -- Document - Summoning from the custody of any office - Legality or relevancy of the same cannot be considered at that stage - It is a matter for consideration when it is tendered in evidence...........
Pronote -- Endorsement acknowledging debt - Non examination of scribe of endorsement not a lacuna - Endorsement not a document required by law to be attested or scribed - Endorsement can be written by parties themselves...........
Arms Act, Section 25 -- Knife - Possession of knife prohibited under the notification No.13/203/78 Home (g) is possession of a knife having a length of 7.62 cm and a width of 7.2 cm or above - In the charge framed against A-5 there is no averment that he possessed a knife of the above description - Nor is there any indication in the seizure document of the knife regarding..........
Will -- Thumb impression of testator and attesting witnesses on the left margin - In this part of the country most of the Wills are not signed by the testator or witnesses in the margin on the left side but towards the end of the script - No explanation as to why the practice well established was not followed - From the placing of the thumb impression on the document, it..........
Evidence Act, 1872, Section 45, 47, 67 -- Hand writing - Expert evidence - Modes of proof envisaged in Ss.45 & 47 of Evidence Act are not exhaustive for proving genuineness or authorship of a document...........
Evidence Act, 1872, Section 92 -- Parties relying on a document to prove its terms are barred from adducing oral evidence to prove that the intention of the parties was something different from the contents of the document itself - Question that document was never intended to be acted upon is different from the question that intention of parties is something different from..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Merely because a document is a certified copy, it cannot be accepted unless it satisfies the requirements thereunder and without giving opportunity to the other side to contest the application...........
Registration Act, 1908, Section 49, 17 -- Unregistered lease deed - Sought to be relied on by plaintiff only for the purpose of proving his character of possession and not to be used to determine the rights of the parties and also not for proving any of the terms of lease deed - Held, document in question can certainly be looked into for collateral purposes, namely, for..........
