Central Excise Rules, 1944, Rule 8 -- Exemption from duty in special cases - Levy of education cess, Higher Education cess and NCCD - In absence of notification containing an exemption to such additional duties in the nature of education cess and secondary and higher education cess, they cannot be said to have been exempted - When a particular kind of duty is exempted,..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Defendant stating that original Will is in possession of plaintiff - Contention of plaintiff that he is not having possession of alleged Will - No valid and sufficient grounds are made out by defendant in support of his request to direct plaintiff to cause production of alleged original Will - Held, defendant..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Dismissal of application - Relevant documents which sought to be produced by petitioner, have already been put to Investigation Officer, who were examined subsequently - Application rightly dismissed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of an attested copy of rent note - Eviction suit - No averment in eviction petition as to existence of a rent note, nor is there any mention that rent note was in existence - Therefore, without there being a pleading in regard to existence of a document, no secondary evidence can be adduced to prove existence..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized property - Interim custody - Preservation of property during trial of case - It is not necessary that original property inevitably has to be preserved and produced - Reception of secondary evidence is permissible - Instead of producing original property production of photographs of property, depicting all..........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photostate copy of original document prepared by mechanical process shall be considered as a secondary evidence - It comes within purview of `secondary evidence' as provided u/s 63(2) of the Act...........
Evidence Act, 1872, Section 63(2)(b), 65 -- Secondary evidence - Photocopy copy of original document is not admissible as secondary evidence, as it requires comparison with original copy of document as provided u/s 65 of the Act, as it cannot be treated as a secondary evidence in view of S.63(2) and Illustration (b) of the Act...........
Evidence Act, 1872, Section 63C, 65 -- Secondary evidence - Photostate copy of original documents - Original documents proved to be lost - Requirement of S.65-C of the Act is fulfilled - Applicant directed to file photostate copy of original documents as secondary evidence subject to payment of Rs.1000 as cost...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original of handwritten slips were lost during transit - Accused tried to create doubt on prosecution story on basis of fact that originals of handwritten slip have not been produced - Whereas, scanned copy is true copy of original which the PW1 has seen - Statement of PW1 is supported by other PWs - There is thus, no..........
