Lost Document - Law Dictionary Search Results
Home Dictionary Name: lost documentLost document
Lost document. The ordinary rule is that a document is proved by the production of the original, but on proof that a document has been destroyed, or cannot be found after a proper search made, it may be proved by the 'secondary evidence' of a copy or by oral evidence of its contents. See Powell on Evidence; and as to the case of a lost will, see Woodward v. Goulstone, (1886) 11 App Cas 469. (Indian Evidence Act, 1872, s. 65)....
Lost grant
Lost grant, is a mere presumption from long possession and exercise of user by easement with acquiescence of the owner, that there must have been originally a grant to the claimant, which had been 'lost', Braja Kishore Jagdev v. Lingraj Samantaray, (2000) 6 SCC 540.Lost grant, is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of an easement with the acquiescence of the owner that there must have been originally a grant to the claimant which had been lost, Konda Lakshmana Bapuji v. Govt. of Andhra Pradesh, (2002) 3 SCC 258.Lost grant, the doctrine has no application to the case of inhabitants of particular localities seeking to establish rights of user to some piece of land or water. Since the right originated in grant, its owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant, and a right exercisable by the inhabitants of a village from time t...
Damaged and lost
Damaged and lost, The word 'damaged' in the collocation of the words 'lost or damaged' appearing in the proviso to sub-s. (2C) of s. 13 of the Prevention of Food Adulteration Act,1954 in relation to the part of the sample sent by the court to the Director of the Central Food Laboratory must, in the context, mean 'damaged due to any cause, including decomposition'. The word 'damaged' in the collocation of the words 'lost or damaged' occurring in sub-s. (2) of s. 11 and in the proviso to sub-s. (2C) of s. 13 must be construed in furtherance of the object and purpose of inserting these provisions. The whole purpose of depositing two parts of the sample with the Local (Health) Authority is that if one of the parts of the sample is lost or damaged for any reason whatever, the remaining part may still be available for analysis, Charanji Lal v. State of Punjab, (1984) 1 SCC 329: AIR 1984 SC 80 (85): (1984) 1 SCR 513. [Prevention of Food Adulteration Act (37 of 1954), ss. 11 (2) and 13 (2C) Pr...
Lost or not lost
Lost or not lost are words used in marine insurance policies in order to prevent the policy being void if the ship is lost at the time of the insurance provided that this fact is unknown to the insurer....
Lost Bill of Exchange, Cheque, or Promissory Note
Lost Bill of Exchange, Cheque, or Promissory Note. The (English) Bills of Exchange Act, 1882, s. 69, replacing the repealed 9 & 10 Wm. 3, c. 17, s. 3, enacts that if a bill of exchange, or cheque, or note, be lost before it is overdue, 'the person who was the holder of it may apply to the drawer to give him another bill (or cheque, or note) of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill (or cheque, or note) alleged to have been lost shall be found again'; and that 'if the drawer on request as aforesaid refuses to give such duplicate bill (or cheque, or note), he may be compelled to do so.' By s. 70 of the same Act, re-enacting 17 & 18 Vict. c. 125, s. 87, 'in any action or proceeding on' a bill (or cheque, or note), the Court may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the Court against the claims of any other person upon the instrument...
Title to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
Document
Document, includes part of a document. [Official Secrets Act, 1923 (19 of 1923), s. 2 (3)]The meaning of the document or of a particular part of it is therefore to be sought for in the document itself. That is, undoubtedly, the primary rule of construction to which ss. 90 to 94 of the Indian Evidence Act give statutory recognition and effect, with certain exceptions contained in ss. 95 to 98 of the Act. Of course, 'the document' means 'the document' read as a whole and not piecemeal, Delhi Development Authority v. Durga Chand Kaushish, (1973) 2 SCC 825: AIR 1973 SC 2609: (1974) 1 SCR 535.Document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter. [General Clauses Act, 1897 (10 of 1987), s. 3(18)]...
Making a false document
Making a false document, A person is said to make a false document-who dishonestly or fraudulently makes, signs, seals or executes a document with the intention of causing it to be believed that such document was made, signed or sealed by a competent authority or who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof or who dishonestly or fraudulently causes any person to sign, seal or execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or by reason of deception does not know the nature of the document or the nature of alteration [Indian Penal Code, s. 464]...
lost volume seller
lost volume seller : a seller who sells to a buyer after a previous buyer has breached a contract for sale but who would have been able to make a sale to the second buyer even if the first buyer had not breached called also lost volume dealer ...
Documents
Documents, records, writings, precepts, instruc-tions, or directions. See DISCOVERY; ROLLS.Documents means the document read as a whole and not piecemeal, Administrator of the Specified Understating of the Unit Trust of India v. Garware Polyester Ltd., AIR 2005 SC 2520.It is well-established that a document must be read as whole. In a document meant for a transfer of ownership, the purpose is generally stated clearly to be that the property given will be owned and possessed henceforth by the donee in such a way that he could use it or deal with it as he liked, State of U.P. v. Sayed Abdul Jalil, (1973) 2 SCC 26: AIR 1972 SC 1290: (1972) 3 SCR 342....
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