Search Results for "office copy admissibility"

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Search Results for "office copy admissibility"

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High Court

Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

1 Feb 2019

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

High Court

Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

8 Jan 2019

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

High Court

High Court of Bombay Allows Landlord's Writ Petition on Summoning of Document in R.A.E. Suit, Sets Aside Trial Court's Inconsistent Order. The Court Clarifies That Marking of Documents Does Not Amount to Proof, and Private Documents Must Generally Be Proved by Their Author, but Documents May Be Marked Provisionally to Enable Appellate Review.

28 Jun 2019

The litigation arose from a rent control eviction suit (R.A.E. Suit No. 467/767 of 2005) filed by the landlord (M/s. J. M. Constructions, as lessor) a...

Supreme Court

Supreme Court Allows Recall of Insufficiently Stamped Document Admitted in Evidence — Inherent Powers Under Section 151 CPC Can Be Invoked. The court held that admission of a document without considering its stamp duty can be recalled to prevent abuse of process, and Section 35 of the Karnataka Stamp Act, 1957 does not bar such recall.

9 Jul 2024

The case involves a civil appeal arising from a dispute over two sale deeds concerning the same property. The appellant and the respondent each claime...

High Court

High Court of Bombay at Goa Quashes Magistrate's Order for Ignoring Objections on Electronic Evidence Admissibility Under Section 65-B of Indian Evidence Act, 1872. Non-Compliance with Mandatory Conditions of Section 65-B(2) and (4) Renders Electronic Records Inadmissible, Following Anvar P.V. v. P.K. Basheer.

15 Jan 2016

The petitioners, M/s Aum International Inc. and its Regional Director, filed a criminal writ petition challenging the order of the learned Magistrate ...

Supreme Court

Supreme Court Upholds Admissibility of Secondary Evidence Under Section 65(a) of Evidence Act in Waqf Property Dispute. Copy of Waqf Deed Held Admissible as Original Duly Proved Unavailable Despite Notice.

24 Jul 1968

The appeal arose from a suit filed by the first respondent, a waqf board, against the appellants and the third respondent to set aside a lease deed ex...

High Court

High Court of Bombay at Goa Quashes Magistrate's Order for Non-Consideration of Section 65-B Objections in Electronic Evidence Admissibility. Mandatory Conditions Under Section 65-B of Indian Evidence Act, 1872 Must Be Fulfilled Before Relying on Computer Records.

15 Jan 2016

The petitioners, M/s Aum International Inc. and its Regional Director, filed a criminal writ petition challenging the order of the learned Magistrate ...

High Court

High Court of Karnataka Quashes Trial Court Order Rejecting Documents in Civil Suit — Defendant's Right to Produce Evidence Upheld. Trial Court's Order Rejecting Documents as Inadmissible Without Proper Application of Mind Set Aside; Matter Remanded for Fresh Consideration Under Order 13 Rule 3 CPC.

26 Apr 2018

The petitioner, M/s. Mahesh & Associates, a registered partnership firm, was the defendant in O.S. No.6141/2015 pending before the LVIII Additional Ci...

High Court

High Court of Karnataka Allows Marking of Sale Deed in Execution Proceedings Despite Pending Registration — Distinction Between Registration and Admissibility Under Evidence Act. The court held that a certified copy of a sale deed can be marked as an exhibit even if the original is pending registration for under-valuation, subject to the provisions of the Stamp Act and Registration Act.

2 Jul 2015

The petitioners, Sri C. Chinnappa and Chandrashekar, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an orde...

High Court

High Court of Bombay at Goa Allows Secondary Evidence of Notarized Statement of Accounts in Civil Suit — Endorsement by Deceased Constitutes Admission Under Section 17 of Indian Evidence Act, 1872. The court set aside the trial court's order dismissing the application for leave to produce secondary evidence, holding that the endorsement by the deceased predecessor at the foot of the statement of accounts is an admission under Section 17 of the Indian Evidence Act, 1872, and secondary evidence is admissible under Section 65 of the Act.

9 Feb 2018

The petitioner, Dekon Enterprises, filed a writ petition challenging the order dated 18/03/2017 passed by the learned trial court dismissing its appli...

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