Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of four demand drafts and two money receipts - Application filed u/s 65 of the Act but application dismissed on the premise that application is filed u/s 65-B of the Act - Impugned order set aside - Trial Court directed to pass order afresh on merits, strictly in accordance with law...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Recording of only examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to law...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation being a mixed question of law and facts, has to be decided after considering the evidence of parties and hearing them after framing an issue as to limitation - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 8, Rule 1A(4)(a), Civil Procedure Code, 1908, Order 13, Rule 1(3), Evidence Act, 1872, Section 137 -- Production of documents - at the stage of cross examination of a party when appearing as its own witness or a witness, is permissible in law...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Vague and general allegations - Absence of specific details that constitute cruelty against appellants - Appellants not residing at marital home and appellant No.1 was not even living in India - Proceedings against appellants quashed - If any material comes on record during..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registered adoption deed - PW1/guardian of adopted child was not present at adoption ceremony - There is no clinching evidence that woman in photographs was in fact adoptive mother - No convincing evidence of actual giving and taking of child in adoption - Purohit stated that adoption ceremonies were..........
