Evidence Act, 1872, Section 65 -- Secondary evidence - Relating to contents of document is inadmissible, until non-production of original is accounted for...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Non-issuance of notice u/s 66 of the Act could not be a reason for Court below to reject application, especially when it was not specific case of plaintiffs that document sought to be proved by way of secondary evidence is in possession of defendants...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Mere filing of application u/s 65 of the Act, was sufficient notice to defendants to produce document in question, if it was in their possession...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Certified copy of sale deed - No averment in applicant that document sought to be proved by way of secondary evidence is in possession of defendants - Rather it is stated that document in question was handed over to revenue authorities for attesting mutation - Plaintiffs thus, by placing on record certified copy of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Carbon copies of bills are admissible in evidence - Relevancy of bills need not be seen at length at this stage, as same can be taken into consideration at the time of trial - Court below committed error by going into assumptions that bills were not reflecting business transactions as projected and denied the same to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Prayer in terms of S.65 of the Act, is only to hold an inquiry regarding existence of document and its loss under some circumstances...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Offer of secondary evidence can be at best impeached in cross-examination - It is for Court to examine and decide whether it is appropriate to rely on such secondary evidence or not for want of compliance of S.65 of the Act - In case Court finds that secondary evidence is not legally reliable, Court would be at liberty..........
Evidence Act, 1872, Section 63(2) -- Secondary evidence - Photostat copy - Photocopy of document does not insure accuracy of copy, as it may be made even from a photocopy - Photocopy thus, does not fall within S.63(2) of the Act and cannot be treated as secondary evidence...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105, Specific Relief Act, 1963, Section 6 -- License or lease - Defendant granted license to plaintiff to carry on business of selling jewellery and handicrafts within hotel lobby - No interest created in respect of shop by defendant in favour of plaintiff - Plaintiff was not in exclusive possession..........
Government of West Bengal School Service Commission (Selection of Persons for Appointment to Post of Teachers) Rules, 2007, Rule 5 -- Posts of Assistant Teacher of Arabic - Additional essential qualification - Language option - Respondent applied for the post in a Bengali medium School in format prescribed - However, respondent was educated outside the State of West Bengal..........
