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NUPUR BHATI
Arjunchandra Mehta – Appellant
Versus
Kailash Chandra – Respondent
| Table of Content |
|---|
| 1. writ petition filings under articles 226 and 227. (Para 2 , 3 , 4) |
| 2. dispute over admissibility of documents; arguments for and against. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's analysis on public document definitions. (Para 10 , 11 , 12) |
| 4. final ruling dismissing the writ petition. (Para 13) |
ORDER :
(Nupur Bhati, J.)
With the joint consent of learned counsel for the parties, the matter is heard finally today itself.
2. The present writ petition has been filed under Article 226 and 227 of the Constitution of India with the following prayers:-
ii) By appropriate writ, order or direction the application filed by the plaintiff under section 65 of the Indian EVIDENCE ACT for treating the agreement to sale dated 30.09.1991 and patta issued in the year 1995 as admissible in evidence may kindly be dismissed with costs.
iii) Any other appropriate order or direction which this Hon'ble Court may deem fit just and proper in the fact
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 ....
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.
Under Section 65 of the Indian Evidence Act, 1872, only a certified copy of a public document is admissible as secondary evidence.
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 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 ....
The main legal point established in the judgment is that the party seeking to admit secondary evidence must establish the non-production of the original document as required under the Indian Evidence....
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....
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