secondary evidence, the contents
of a lost document. A must prove that the document has been lost.
106. Burden of proving fact especially w ithin ... secondary evidence, the contents of a
lost document, he must first prove that the document is lost. Moreover, as per
Illustration (b) to Section
contents of a lost document, he must first prove that the document is
lost. Moreover, as per Illustration (b) to Section 136 that the fact ... that the
document is lost must be proved by the person proposing to produce the
copy, before the copy is produced. Other circumstances for allowing
manufactured document
and that the certificate issued by the Circle Officer did not disclosed
that the document was lost/destroyed, for which the foundation ... Circle Officer that the documents being "not available"
did not mean that the document was lost or destroyed. Therefore
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 ... default or
neglect of the party concerned. Merely showing that documents has been
lost or destroyed would not be sufficient for a party
marriage with A.
Latif is a true incident.
Besides the documents above, the petitioner presented two witnesses i.e. one
Mustafa Saiful Islam ... date of 25.03.1971. Situated thus, the
Jambandi document lost its relevance to establish lineage to a predecessor prior to
25.03.1971. The hand written Jamabandi
petitioner is reflected. However, reflection of a name in a document is wholly
insufficient and without relevance if the proceedee/writ petitioner is unable ... date of 25.03.1971. Situated thus, the Jambandi document lost its
relevance to establish lineage to a predecessor prior to 25.03.1971.
The other link document brought
lost the documents and
Annexure - 8 will prove that the petitioner has failed to produce the documents
as he has lost the relevant documents
enhancement of the
award. It is submitted that the appellant had lost documents relating to
treatment undergone outside Assam, i.e. Uttar Pradesh and Bihar
year
1978 as referred to above. On consideration of this document in
addition to other evidences, Executive Magistrate declared plaintiffs
to be in the possession ... proceeding under Section
145 CPC as Ext.-2 and the same document got lost alongwith the
whole records from the custody of Court
given access to those documents on the ground that those documents were not relevant. The documents were in fact missing as revealed from the records ... during whose incumbency the documents were missing and/ or it was the Petitioner from whose custody the documents were lost. Mr. Choudhury submitted referring
