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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Abdul Rashid, S/o late Abdul Haque – Appellant
Versus
Iftakhar Hussain @ Dablu, S/o Md. Raja – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2) |
| 2. arguments against admissibility of certain evidence. (Para 3 , 4) |
| 3. respondent's arguments defending the trial court's decision. (Para 5) |
| 4. court considers implications of evidence rules. (Para 6 , 7) |
| 5. discussion on public document definition under evidence act. (Para 8 , 9 , 10) |
| 6. court's interpretation of evidence and registered documents. (Para 11 , 12 , 13 , 14) |
| 7. court concludes on admissibility of certified document. (Para 15 , 16) |
| 8. final decision dismissing the petition. (Para 17 , 18) |
JUDGMENT :
ARUN KUMAR JHA, J.
The present petition is filed for setting aside the order dated 17.10.2019 passed by the learned Sub Judge-1st, Siwan in Title Suit No. 510 of 2016, whereby and whereunder the learned trial court marked the certified copy of sale deed as exhibit after taking the same on record.
2. Briefly stated, the facts of the case are that the petitioner is the plaintiff before the learned trial court and has filed Title Suit No. 510 of 2016 for declaration of his right and title over the suit land and also for declaration that the defendants have no right or title over the suit land on the basis of their sale dee
A certified copy of a registered sale deed is deemed a public document under Section 74(2) of the Indian Evidence Act and admissible in evidence as secondary evidence of the public record, according ....
A certified copy of a registered sale deed is classified as a public document and admissible as secondary evidence without formal proof under relevant provisions of the Evidence Act.
Admissibility of documents in court proceedings hinges on clear admissions in pleadings, validating secondary evidence despite objections regarding public or private document status under the Indian ....
The court ruled that while a certified copy of a sale deed is admissible as secondary evidence, it does not suffice to prove the execution of the deed, which must demonstrate intention and legal vali....
Certified copies of registered deeds are admissible in evidence under the Indian Evidence Act and should be tentatively marked as exhibits without requiring the registering authority's presence for p....
A registered sale deed, while presumptive, does not confer title over property without substantiated evidence of prior ownership and possession.
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