CiteTEXT
...concerned to produce a certified copy of a sale transaction in evidence and nothing more. This is what the Court observed in the said case:“Section 51-A ...directs to receive certified copy for the reason that parties to the sale transaction would be reluctant to part with the original sale deed since acquisition proceedings would take a long time before awar....”(emphasis supplied)3. According to the above judgment Section 51-A only dispenses with the production of the original sale deed and per...
...examined in proof of passing of the consideration under the sale deed etc. Only a clerk of the Sub-Registrar was called as witness to prove the sale deeds which are the certified copies ...deeds. The clerk of the Sub-Registrar has proved that material as secondary evidence but other factors aliunde have to be established that the sale deed offers comparable value for determining the...acre? The High Court has relied upon the sale deed Ext. 3.A dated 16-3-1981 pertaining to lead to an extent of 25 decimals of Don-II lands and 14 decimals of Don-I lands sold for consideration of ...
...certified copy of the registered sale deed is admissible in evidence and does not need to be proved by calling a witness. (See M...authority for the proposition that the certified copy of a registered sale deed is inadmissible in evidence without proof of the execution of the documents by the vendor...the State. It is not the law that a certified copy of a registered agreement for sale is inadmissible in evidence unless the parties to the document are examined to prove it. That would b...
...AIR 1979 Gau 14, Md. Saimuddin v. Abezuddin, in which it has been held that a private sale deed registered under the ...AIR 1979 Gau 14, Md. Saimuddin v. Abezuddin.8. The Courts below have held that the original sale deed has not been produced at any time...is required to keep it for a memorial or permanent evidence of something written, said, or done.6. In so far as the original sale deed is concerned, after it is registered ...
.... We therefore, concur with the conclusion of the High Court and reject the will as not genuine.23. This takes us to the validity of the sale deed Ex. 3. The High Court r.... 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 regist...produced as secondary evidence in the absence of the original. But in the present case Ex. 3 is not a certified copy. It is just an ordinary copy. There is also no ...
.... The petitioners herein opposed the said application. They submitted that the respondent herein ought to have taken steps to summon the original sale-deed instead of trying to produce a certified copy as ...as the original sale deed had been produced on the file of F.A No. 337/2003, it will be time consuming to summon the said deed. The second ground is that the sale deed being a public docu...questions arise for consideration:(i) Whether certified copy of a registered sale-deed obtained from the office of Sub-Registrar is a public document?(ii) Whet...
...the sale deed was also taken before the said court. Learned lower appellate court has considered the said point and held on the basis of the judgment of the Supreme Court in ...the sale deed by examining witness, if the same is registered and a certified copy thereof is produced before the Court.
12 I find no infirmity in the said finding.
...for consideration. This Court considered the relevant provisions of law and held that sale deed kept in the office of the Registrar is a public record and certified copy of such ...
...certified copy of the document. Production of the certified copy of the registered deed is one of the prescribed modes for proving such documents, in view ...is the private document and the same cannot be proved by production of certified copy. According to him the procedure for proving such document is prescribed in the Evidence Act and unless the sai...….”, reported in AIR 1979 Gauhati Page 14. It has been held in that case that a sale deed is a private document but the record of the sale deed is ke...
...
Ex.P.17
Certified copy of the sale deed dated 21.09.2000, executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2024 passed in A.No.5987/20...to its proof and relevancy.
Ex.P.18
Certified copy of the sale deed dated 23.10.2007 executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2...its proof and relevancy)
Ex.P.19
Certified copy of the sale deed dated 09.05.2002 executed in favour of Dr.Elizabeth A Schram Mulley (as per the order dated 29.11.2024...
...decreed the plaintiff's suit.5. The ground on which the plaintiff's suit has been decreed by the lower appellate Court is that the Ext. ‘Cha’ which is a certified copy of the sale ...appeal, therefore, is, whether Ext. ‘Cha’ is or is not admissible. D.W 2 was an officer in the office of the Sub-Registrar, where the deed was registered.7. His evidence is...of the public documents of which they purport to be copies.”10. It is not disputed that Ext. ‘Cha’ is a certified copy of the sale deed executed by Syed ...
...) and 76 of the Evidence Act, 1872 and more specifically Section 51-A of the Act provide. As far as the provisions of Evidence Act are concerned, a certified copy of the...Sections 74(2) and. 76 of the Evidence Act, 1972. He submits that a certified copies of a registered agreement for sale is admissible in evidence even if parties to the document ..., 1908 including a copy under Section 57 of the Act may be accepted as evidence of the transaction recorded in such documents. It is open to the Court to accept the certified copy as ...
...orders, learned counsel for the
appellant has contended that the finding of the Trial Court, as well
as the First Appellate Court, is perverse inasmuch as the plaintiff
has filed the certified copy of the ...Others) by judgement and order dated 08.05.2024, therefore,
present second appeal is also dismissed in terms of the judgement
of Jamia Urdu Aligarh (supra) with no order as to cost...
Neutral Citation No. - 2024:AHC:84750
Court No. - 7
Case :- SECOND APPEAL No. - 349 of 2024
Appellant :- Jamia Urdu Aligarh Regd
Respondent :- Jamia Urdu...
...challenged and a certified copy thereof being secondary evidence ought not to have been marked as exhibit without the same being proved.3. It is beyond controversy that a sale deed ...Section 65 of the Evidence Act. It goes without saying that a certified copy of a sale deed is ...evidence is permissible in circumstances mentioned in Section 65 of the Act. Where a person relying on a document is unable to produce the original in Court, a certified copy thereof may be tender...
...admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result ...original document has been lost, secondary evidence of the contents of the document is admissible in evidence. Certified copy of the registered sale deed ...the registering officer, and shall be admissible for the purpose of proving the contents of the original document.”Hence, certified copy of original sale deed issued by Jo...
...trial court marked the certified copy of the registered sale deed bearing no. 2315 dated 19.3.1974 as exhibit.2. The petitioner as plaintiff instituted the suit for permanent injunction impl...defendants. They came to know that the recital of the sale deed executed by one of the recorded tenants that a part of plot no. 1234 is kabarstan. Thereafter they obtained the certified ...document can be marked as exhibit. Unless the original sale deed is marked, the certified copy of the sale deed cannot be marked as exhibit. The registered sale ...
...Om Parkash v. Ram Gopal alias Paali Ram alias Doojpuri Maharaj, 2011 (4) PLR 364 as under:-“………. If the original document has been lost, secondary evidence ...purpose of proving the contents of the original document.”Hence, certified copy of original sale deed issued by Joint Sub Registrar under Section 57(5) .... Chhoti, AIR 1990 (1) SC 306, the Apex Court held that a certified copy of a registered sale deed could be produced as secondary evidence in the absence of the origi...
...such sale deed was deposited by the defendant no.1. The contention is that the defendant no.1 has failed to account for the absence of original sale deed, could not have been permitted to file the...Court below was not right in reversing the judgment and decree of the trial Court. It has wrongly placed reliance upon the secondary evidence i.e. the certified copy of the sale deed whic...) read with section 79 of the Evidence Act, a certified copy of a public document is admissible in evidence, irrespective of the fact that absence of original ...
...consideration the relevant factors.33. The submission of Mr G. Chandrashekhar to the effect that the contents of a sale deed should be a conclusive proof as regards th...word of caution. What Narasaiah (2001) 3 SCC 530 and Cement Corpn. of India (2004) 8 SCC 270 clarified was that a certified copy of a sale deed could be marked as an exhibit and its conte...be an intrinsic evidence of a distress sale.71. Therefore, though a certified copy of a sale deed may be received in evidence and exhibited e...
...counsel for the appellant while analyzing the arguments.
5. With respect to application for permission to lead additional evidence, it may be noted that the certified copy of the ...appellant has obtained the certified copy from the Court. A copy of copy is sought to be produced in additional evidence. The certified copy of the registered ...difference/variation would not be sufficient to discard the authenticated copy issued and proved by the Registrar's office.
6. It is admitted that certified copy of a registe...
...she may be allowed to produce certified copy of the sale deed as a secondary evidence because the original sale deed is mortgaged with the bank for the purpose ...application was opposed by the petitioners and other defendants, however, the trial court has allowed the same while observing that since it is difficult for the petitioners to get the original sale deed from the bank conce..., the production of certified copy of the sale deed as a secondary evidence will not cause any harm.
5. With these observations, this writ petition is hereby dism...