documents from the judicial file in
the Main Uphaar Trial were destroyed (some documents went missing; some
were mutilated, torn; and ink was spread over ... Trial Court has erroneously held that the alleged
conspiracy, to destroy the documents in the Main Uphaar Trial, continued to
persist even after the factum
mentioned in the State's affidavit
that in the document titled "Strategy and Tactics of The Indian
Revolution", the motive ... very act of establishment of the State machinery of
the people by destroying, through war, the present autocratic State
machinery - the State's army
information that a
person is hiding or likely to hide or destroy documents or books of
accounts which are required or are relevant
assertion that due to fire at the house, the
original property documents were destroyed. Also, no attempt was made by
the Appellant to prove documents ... documents; (iv) Under Section 64 of the Indian
Evidence Act, contents of the documents must be proved by primary
evidence, i.e. the document itself
noticed that to permit secondary
evidence of such document which has been destroyed by
person and in whose possession it was and whose favour ... been rescinded with the
destruction of document. Therefore, secondary evidence in such
circumstances where document itself has been destroyed by the
person in whose favour
said explanation is also
not satisfactory, for, whenever any official document is
destroyed as per rules or procedure of that
establishment, certainly some records ... available on the record. Further
question comes up- if the policy documents was
destroyed after the expiry of insurance policy, then how
that photo copy
qualified right. The inability to produce, on account of the
document being lost or destroyed, ought not to be on
account of the parties ... case that
someone has stolen the documents or was destroyed by
factors over which he had no control. On this short ground
alone, the application
case in hand. Clause (c)
provides that when original document has been destroyed or lost or when
the party offering evidence of its contents cannot ... document and since, he had died in the meantime the plaintiffs could not
obtain the document from the Sub-Registry. The document purportedly
was executed
intention and to overcome the legal claim of the petitioner has destroyed the document of the petitioner and, therefore, the respondents are guilty of destruction ... admission form. The petitioner has rather alleged that the respondents have destroyed the document of the petitioner with a view to justify their stand
there was no reason why the
Bank officials would destroy or use those documents for ulterior purposes,
as apprehended by Respondent No.2 and invite ... fact that Bank was retaining the
documents as a security for the loan and had no reason to destroy them or
use them for ulterior
