Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile - Determination of age - Where certificate of Board of Secondary Education is available on record, constitution of Medical Board is not required under R.12 of the Rules...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 49 -- Juvenile - Determination of age - Enquiry u/s 49 of Act is not a roving enquiry - Genuinity of secondary school certificate was not in dispute as it was available before JJ Board and no further evidence was required, as S.49 of the Act only contemplates making of inquiry and taking such evidence as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of charas - Tampering of samples - PW6 stated that samples were with him for 16 to 17 hours but he utterly failed to prove that when samples were taken from Malkhana who was the I.O with him at that time - Even G.D entry in this regard not proved - Prosecution utterly failed in proving..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Notice U.O.12.R.8 CPC - Non-production of document inspite of notice - Adverse inference cannot be drawn against a party called upon to produce a document, unless it is proved that document in fact is in possession and custody of party concerned - Even otherwise, such inference is no more than presumptive evidence which by..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Concession at bar regarding content of a written agreement including fact as to who are the parties to document, cannot partake the nature of secondary evidence, as it does not stand on any different footing than oral evidence of parties...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Condition precedent is that said document is in existence and also that original or primary evidence thereof is either lost, missing or not available...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of document cannot be admitted in secondary evidence - A certified copy of original document however, is legally admissible in evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of lease deed - Nothing on record as to why original lease deed is not available - Merely because original lease deed is not traceable and lost is not sufficient to invoke jurisdiction u/s 65 of the Act - Even, merely because petitioner/lessee admitted the signatures of executant of lease deed, is not..........
Constitution of India, 1950, Article 32 -- Writ of Mandamus - Petition that State is under a constitutional obligation to endeavour to provide educational facilities which inculcate moral values in the course of primary and secondary education - Petition is illustrative of matters which lie beyond the province of judicial review - Moreover, jurisdiction of Supreme Court..........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Section 151 -- Secondary evidence - Photostat copy of agreement of sale - Suit for specific performance - Original agreement of sale was filed in earlier suit and was destroyed by Court - Certified copies of decree and judgment in said suit are exhibited and endorsement given by District Court showing that..........
