Therefore, in cases where the
original of a letter or a document lost or destroyed and if
original cannot produced, secondary evidence may be given ... production of such document the
hand written copy cannot be proved, since it is not shown to
be either lost or destroyed
such a task,
or radar echoes or the contents of a lost document. In
the High Court a photograph is receivable in evidence ... such a task), or radar echoes or the
contents of a lost document.
For the purpose of Civil Evidence Act 1995,
'document' means
which allow a document to be admitted in evidence
on payment of penalty, have no application when
the original document, which was unstamped ... does not provide for the
levy of any penalty on lost documents".
11. Ultimately it was found that there cannot be any doubt
that
document issued by the Sub Registrar will have a precedence over the
original document.
32. If an original document happens to be lost or destroyed ... particular claim
made by a party to a document, whose original document is lost, destroyed
or made unreachable, does not derive support from the certified
തമാകകമാൽ ഞമാൻ തമാമസട്ടികകന്നെ വവീടട്ടിൽ കവചറ്റ്
" . Though he claims that various documents were lost he did
കപമായതമായട്ടിരകന്നെക
not care to find out which were ... documents so lost. "എകന്റെ ഓഫവീസട്ടിൽ
നട്ടിന്നെറ്റ് നഷറ്റ്ടകപട കരഖകെളളുകട list ഞമാൻ തയമാറമാകട്ടിയട്ടിടട്ടില."
14. PW1 claimed that it was only a copy of the agreement
equitable mortgage.
It is also settled that if the original document is lost, a
certified copy of document of title will be sufficient ... document of title. It was also held that
in the absence of proof that the original document
of title was lost, no equitable mortgage could
document would be admissible on basis of the
recitals made in the document and not on basis of the pleadings
raised by the parties ... denying the delivery of possession, the
endorsement/recital in the document lost all its effect and
efficacy.
9. It would be trite to say that
sustainable, it was
held. It was further held that,all the documents in relation to that
building relied on by the complainant herein came into ... virtue of the judgment
of the Sub Court, all those documents lost its significance. The
court below further relied on scene mahazar in Crime
OPERATIONS MANAGER
OF GAC SHIPPING LIMITED THE AGENT COMPANY FOR THE LOST
DOCUMENTS OF PETITIONER INCLUDING HIS PASSPORT.
EXT.P-3: TRUE COPY ... further steps were being
pursued to have new approved documents. But subsequently, the
lost passport was traced out, when the petitioner sought for
permission
safe custody of Sheristadar. Therefore, the Will has been
misplaced/lost while the document was in 'custodia
legis'.
8. This Court, after noticing ... courts
report the nature of the case, the details of the lost document and
the stage of the case. But these matters are often omitted