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Budhmal Bhansali @ B. Bhansali Vs. State of West Bengal and anr.

Court : Kolkata

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 139 and 141; ;Companies Act, 1956 - Section 303 and 303(2); ;Evidence Act, 1872 - Sections 4, 74, 76 and 79; ;Code of Criminal Procedure (CrPC) - Sections 155(2), 156(1), 401 and 482

Reported in : III(2008)BC460,2008(2)CHN1002

below.33. Even in respect of certified copies of public documents as stipulated under Section 76 of the Indian Evidence Act, Section 79 of the Indian Evidence Act prescribed the following:79. Presumption as to genuineness of certified copies-The Court shall presume … Court. Even in case of public document which falls within the category of Section 76 of the Indian Evidence Act, Section 79 of the Indian Evidence Act at best raises a presumption falling within the category of 'shall presume'. The

Madivadhanam Vs. SarojA.

Court : Chennai

Subject : Civil

Acts : Evidence Act - Section 79

relief of recovery of possession ande. Whether the lower appellate court erred in overlooking section 79 of the Evidence Act while considering Ex.B6 ?"8. Heard Mr.S.Sounthar, learned counsel for the appellant/defendant and Mr.A.Muthu Kumar, learned counsel for the

Mohmedbhai Rasulbhai Malek and ors. Vs. Amirbhai Rahimbhai Malek

Court : Gujarat

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 79 and 90; Muslim Personal Law (Shriat) Application Act, 1937 - Sections 2; Muslim Law

Reported in : AIR2001Guj37; (2000)4GLR667

arise that the document was genuine and the contents thereof were correct under Section 90 of the Indian Evidence Act ('Evidence Act' for short) has no substance as Section 90 of the Evidence Act provides that the document … Malek Community of village Anti to exclude female from inheritance. Relying upon the documents Exhs. 36, 37, 38, 79 and 83 which were copies of the registered sale deeds executed by female members of Malek Community in

Union of India (Uoi) Vs. Sterling Varnishes

Court : Karnataka

Subject : Contract

Acts : Contract Act, 1872 - Sections 72; Evidence Act, 1872 - Sections 79, 80 and 81

Reported in : 1989(20)ECC109; ILR1989KAR920

not say that it is presumed that every citizen knows the contents of such gazettes, newspapers, etc. Similarly Section 79 of the Evidence Act relates to presumptions as to genuineness of certified copies and Section 80 to presumption … to such notifications as the same has no support of any legal provision. Even Section 81 of the Evidence Act enjoins that the Court shall presume the genuineness of every document purporting to be any official Gazette etc.

Chief Conservator of Forests, Govt. of A.P. Vs. the Collector and ors.

Court : Supreme Court of India

Subject : PropertyConstitution

Acts : Andhra Pradesh (Abolition of Jagirs) Regulations, 1358 Fasli; Andhra Pradesh (Telengana Area) Forest Act, 1355 - Sections 29; Forest Act - Sections 30; ;Andhra Pradesh (Telengana Area) Land Revenue Act, 1317 Fasli - Sections 87; Land Acquisition Act, 1894 - Sections 4 and 166B; Constitution of India - Article 300; Code of Civil Procedure (CPC) , 1908 - Sections 79 - Order 1, Rules 9 and 10 - Order 27, Rule 1; Evidence Act - Sections 110

Reported in : AIR2003SC1805; 2003(4)ALD27(SC); [2003(2)JCR175(SC)]; JT2003(5)SC210; (2003)2MLJ57(SC); 2003(2)SCALE429; (2003)3SCC472; [2003]2SCR180

the relief of compensation was declined.18. Mr. Salve has heavily relied upon the presumption inSection 110 of the Evidence Act to support the judgment andorder under challenge. He submits that in view of the longuninterrupted possession of the … is contended, provides that theGovernment of a State may sue or be sued in the name of theState; Section 79 of the code of Civil Procedure, 1908directs that the State shall be the authority to be named asplaintiff

C.H. Shah Vs. S.S. Malpathak and ors.

Court : Mumbai

Subject : Civil

Acts : Evidence Act, 1872 - Sections 63, 65, 79, 67, 68 and 114

Reported in : AIR1973Bom14; (1972)74BOMLR505; 1972MhLJ816

the case of Mobarik Ali v. State of Bombay, : 1957CriLJ1346 to which I will refer later on. Section 79 of the Act states that the Court shall presume the genuineness of all certified copies admissible in evidence … of some importance.2. It will be convenient at the outset to refer to the relevant sections of the Evidence Act. Section 61 of the Evidence Act provides that the contents of documents may be proved either by primary or

Arulsingamani and Another Vs. S. Vaiguntha Rajan and Another

Court : Chennai

Subject : Civil

Acts : Evidence Act, 1872 -- Sections 5, 62, 63 and 79; Code of Civil Procedure (CPC) -- Order 13, Rules 3 and 4

Reported in : 2000(1)CTC12

to oral account contents of documents. Correctness of certified copies referred to in clause (1) is presumed under Section 79; but that of other copies must be proved by proper evidence. A certified copy of a registered sale … is admittedly a copy taken from the copy of the document and the same cannot be marked under Evidence Act. It is submitted under Evidence Act, only piece of evidence that are admissible are primary evidence and secondary

Smt. Vasudha Gorakhnath Mandvilkar Vs. the City and Industrial Develop ...

Court : Mumbai

Subject : Service

Acts : Evidence Act, 1872 - Sections 35, 61 to 65, 77 and 79; Juvenile Justice Act

Reported in : 2008(5)ALLMR358; 2008(5)BomCR417; (2008)110BOMLR1376; 2008(5)MhLj147

the content s of the public document of which it purport s to be a copy. Consequently under Section 79 of the Evidence Act it carries a presumption as to its genuinenes s and is accordingly admissible in … certificate is the certified copy of the extract of a public document under Section 77 of the Indian Evidence Act, 1872 (Evidence Act). Such certified copy can be produced in proof of the content s of the public

The State of Maharashtra Through Special Land Acquisition Officer and ...

Court : Mumbai

Subject : PropertyMRTP

Acts : Maharashtra Regional and Town Planning Act, 1966 - Sections 40(1), 40(3), 113 and 127; Land Acquisition Act, 1984 - Sections 4, 4(1), 6, 9(3), 11A, 23, 23(1), 24, 25, 28, 50(2), 126 and 126(4); Maharashtra Land Revenue Code - Sections 44

Reported in : 2004(1)ALLMR253

21st November, 1992, though resisted, was allowed by the Reference Court and the CIDCO was allowed to lead evidence. The court noted the emphasis placed by the claimants on the sale instances at Exhibits-81 and 82 as … as on 22nd January, 1990. (f) The sale deeds at Exhibits-78 and 79, submitted in L.A.R. Nos. 29 of 1989 and 31 of 1989, purchased … the Aurangabad new township under section 40(1)(b) read with section 113 of the Maharashtra Regional and Town Planning Act, 1966 (the MRTP Act, for short). The CIDCO carried out survey and prepared a draft proposal for the

Gurjant Singh Vs. Krishan Chander and Others

Court : Rajasthan

Subject : Election

Acts : Code of Civil Procedure (CPC), 1908 - Sections 2(17), 24(1), 52 and 53 - Order 6, Rules 2, 15 and 16 - Order 7, Rule 11; Evidence Act, 1872 - Sections 17, 21, 76, 77 and 79; Representation of People Act, 1951 - Sections 64, 81(3), 83(1) and 86(1); Indian Penal Code (IPC), 1860 - Sections 199; Indian Contract Act, 1872 - Sections 40 and 47; Administrative Tribunals Act, 1985 - Sections 29; Specific Relief Act, 1963 - Sections 22; Income Tax Act, 1961 - Sections 297; Conduct of Election Rules, 1961

Reported in : 2001(2)WLN648

F, G and Schedule 1-A, II, III and IV are admissible:-The provisions of Section 74 onwards of the Evidence Act deal with admissibility of public documents. Section 79 provides for presumption of genuineness of the documents filed as