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Pushpa Aggarwal vs Parag Jain on 18 July, 2024 cites

Kumar Raj Krishna Prosad Lal Singh Deo vs Barabani Coal Concern Ltd. And Ors. on 20 July, 1934

The Judicial Committee in Kumar Krishna Prasad Lal Singha Deo v. Baraboni Coal Concern Ltd., when had occasion to examine the contention based on the words 'at the beginning of the tenancy' in Section 116 of the Evidence Act, pro- nounced that they do not give a ground for a person already in possession of land becoming tenant of another, to contend that there is no estoppel against his denying his subsequent lessor's title. Ever since, the accepted position is that Section 116 of the Evidence Act ap- plies and estops even a person already in possession as tenant under one landlord from denying the title of his subsequent landlord when once he acknowledges him as his land- lord by attornment or conduct. Therefore, a tenant of immovable property under landlord who becomes a tenant under another landlord by accepting him to be the owner who had derived title from the former landlord, cannot be permitted to deny the latter's title, even when he is sought to be evicted by the latter on a permitted ground."
Calcutta High Court Cites 27 - Cited by 73 - Full Document

Anvar P.V vs P.K.Basheer & Ors on 18 September, 2014

The defendant has placed on record the statement of account Ex. DW1/1 and ledger account as well bank statement which is Ex. DW1/P1 (colly 9 pages) to show that the rate of rent is Rs. 1,750/-. The defendant has not placed on record mandatory certificate u/s 65-B of Evidence Act along with the said statement of account, ledger account as well as bank statement and as such these documents cannot be read in evidence. For the same, I may gainfully referred to the observation made by Hon'ble Apex Court in "Anvar P.V. Vs. P.K. Basheer & Ors, 2014 SCC Online SC 732 " that any documentary evidence by way of Electronic record under the Evidence Act, in view of Section 59 and 65A, can be proved only in accordance with the procedure prescribed under Section 65B. Section 65B deals with the admissibility of the electronic record. The purpose of these provisions is to sanctify secondary evidence in electronic form, generated by a computer. It may be noted that the Section starts with a non-obstante clause. Thus, notwithstanding anything contained in the Evidence Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document only if the condition mentioned under sub-Section (2) are satisfied, without further proof or the production of the original. The very admissibility of such document i.e. electronic document which is called as computer output, depends on the satisfaction of the four conditions mentioned under Section 65B (2) which are as follows:-
Supreme Court of India Cites 23 - Cited by 1156 - Full Document
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