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Monday, October 9, 2017

Electronic record - Marking without there being a certificate u/s 65-B of Evidence Act - Objection relates to the mode or method of proof -

*IMPORTANT DECISIONS(04.10.2017)*

*Electronic record - Marking without there being a certificate u/s 65-B of Evidence Act - Objection relates to the mode or method of proof - Objection as to the mode or method of proof is procedural - Objection if not taken at the trial, cannot be permitted to be taken at appellate stage. (2017(3) Apex Court Judgments 138 (S.C.)* 

*Inquiry u/s 340 Cr.P.C. - Civil Court while conducting preliminary inquiry or conducting other proceedings under Cr.P.C., enjoys similar powers of Cr.P.C. for the purpose of inquiry or proceedings u/s 340 Cr.P.C. - Civil Court otherwise is precluded from using provisions and powers given in Cr.P.C. in conducting civil suit. (2017(3) Civil Court Cases 840 (Bombay)* 

*Tenancy agreement between employer and employee - Employee is under contractual obligation to vacate the quarter on his retirement. (2017(3) Apex Court Judgments 114 (S.C.)* 

*Translated version of document, marked exhibit in trial Court, sought to be produced in appellate Court - It is not additional evidence. (2017(3) Civil Court Cases 773 (S.C.)* 

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