Evidence Act, 1872, Section 65 -- Second evidence - Photocopy of original - Cannot be read into evidence without permission of Court to lead secondary evidence...........
Insurance claim -- Passenger Bus - Accident - Repudiation - Ground that at the time of accident the bus was carrying 110 passengers more than its seating capacity of 52, in breach of the conditions of the policy - Insurance company did not produce any evidence except the photocopy of the FIR and of the statements recorded during investigation - FIR not a substantive piece..........
Evidence Act, 1872, Section 65 -- Photocopy of a copy - Is not admissible in evidence under S.65 of the Act...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Application for permission to place on record an application moved before Assessor and Collector, Municipal Corporation, Delhi - Permission also sought to prove the same by summoning record from the office of the Assessor and Collector - Photocopy of a copy - Application filed after eight years at the time of arguments -..........
Evidence Act, 1872, Section 114 -- Adverse inference - Tenant produced photocopy of passport to show that he was out of country - Original not produced despite demand by Court- Adverse inference drawn against tenant...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Photocopy of sale deed - Marked as exhibit without any objection - Once a document is allowed to be exhibited in evidence without any objection from any of the parties to the suit during the trial, it is too late at the appellate stage for any party to make any grievance about the non production of the original of such..........
Consumer Protection Act, 1986, Section 2 -- Excess charges alleged to have been charged for advertisement - Respondent advertising agency collected a sum of Rs.420/- from the appellant out of it retained 15% as Commission which came to Rs.63/- and the residual sum of Rs.357/- was deposited with the newspaper - There appears to be no deficiency on the part of the respondent..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy produced - When document is lost applicant must show how he procured its photocopy - It is not a case where the documents were required to be kept in duplicate or in triplicate - Having failed to prove as to how photocopy of original was arranged, application dismissed...........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 45 -- Insurance claim - Repudiation - Suppression of material fact - Reliance placed by appellant on questionnaire/declarations made by the complainant submitted to a private Insurance Company in which certain disclosures about the state of his health ever since 1995 - 96 made - The State..........
