Evidence Act, 1872, Section 34, 65 -- Bahi entries - Only two pages produced - No reliance can be placed on such bahi entries when original bahi is not produced as entries in account books are relevant only if such books of account are kept in regular course of business and original bahi is produced in Court - When account books in original are not produced in Court it..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Secondary evidence allowed subject to proof of existence and loss of Will - Held, it is sufficient if Court is satisfied about prima facie existence of such conditions, which have to be proved before secondary evidence is accepted - No prejudice is caused to the opposite party - Order upheld...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For the document 'Endorsement of redemption of mortgage' - Plaintiffs case that original mortgage deed is lying with the defendant and defendant saying that original mortgage deed is lying with the plaintiff - Held, trial Court rightly permitted defendant to produce secondary evidence for the document 'endorsement of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original agreement to sell not filed alongwith plaint - Application for leading secondary evidence an after thought as defendant in the written statement denied the existence of the agreement and thereafter plea of loss set up and photocopy sought to be proved - Very existence and loss of original agreement to sell not..........
Land Acquisition Act, 1894, Section 51A, Evidence Act, 1872, Section 64, 65 -- Sale deed - Certified copy - Admissibility - Provision enables the party producing the certified copy of a sale transaction to rely on the contents of the document without examining the vendee or the vendor of that document - However, presumption as to genuineness of the contents of the document..........
Limitation Act, 1963, Article 64, 65 -- Suit for declaration and possession filed in 1955 - Defendant alleged to have taken forcible possession in 1949 - Defendants however claimed to be in possession since 1928 - Courts below found plaintiff to be owner but had lost title as defendants had perfected their title by adverse possession - No evidence that predecessors of..........
Evidence Act, 1872, Section 65(f) -- Secondary evidence - Registered mortgage deed - Certified copy - Cannot be held to be a public document certified copy of which can be produced in evidence as secondary evidence in terms of S.65(f) of Evidence Act...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Can be allowed if there is loss or destruction of the document - Such permission of the Court to lead secondary evidence is summary in nature and the party propounding the document has to prove the factum of execution of the document during the course of trial...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Registered mortgage deed - Original is required to be with the plaintiff - Plaintiff not able to locate the same - Secondary evidence allowed...........
Evidence Act, 1872, Section 65, 66, 63, 79 -- Secondary evidence - Certified copy of Will - Plaintiff never received original will - S.65(a) not applicable - Consequently S.66 also not required to be followed - Certified copy of Will is admissible in evidence for purpose of proving contents of original document in view of Ss.63(1), 65(f) and S.79 Evidence Act r/w S.57..........
