78(6) of the Evidence Act three conditions must be complied with before the judgment can be admitted in evidence and the third condition, namely, proof of character of the document according to the law of the foreign country, is not forthcoming in this case. The short question, therefore, is whether there is such proof in this case. Sections 10(1)and 11 of the said Act provide for separations of accounts and funds, and maintaining of account and balance-sheets for different businesses in the insurance line.
The learned Judges referred to these facts and merely stated that as he was a Kori or Kachhi, divorce was possible but did not try to 102 ascertain whether divorce as alleged had taken place or not. 78(6) of the Evidence Act; nor is it contended that there is no certificate under the seal of an Indian Consul certifying that the copy is certified by the officer having 46 the legal custody of the original. 78(6) of the Evidence Act makes it clear that apart from the two certificates-one by the legal keeper of the original documents and the other by the Consul-General there shall also be proof of the character of the document according to the law of the foreign country before the document is admitted.
It is a condition precedent. Section 78: The following public documents may be proved as follows (6) Public documents of any other class in a foreign country, By the original, or by a copy certified by the legal keeper, thereof with a certificate under the seal of a notary public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.
” It is not disputed that the copy of the Judgment is certi- fied by the legal keeper of the original within the meaning of s. 13 (5) and the abstract and statement referred to in s. But what is contended is that under s. Top Lawyers In Chandigarh High Court the same affidavit he also stated that since marriage Kaniz Fatima and he “were living together and cohabited Top Lawyers in High Court Chandigarh the aforesaid premises” and that it was only “after the lapse of four months” that Kaniz Fatima was taken away from his house. 289 of the Constitution, on which the answer to the question referred by the President depends, it has to be borne in mind that our Constitution does not make a distinction 799 between direct and indirect taxation; that trade and commerce and industry have been distributed between the Union and the States; that the power of taxation is different from the power to regulate trade and commerce; it is argued on behalf of the States that in interpreting Art.
Section 11 of the Insurance Act enjoins every insurer in respect of insurance business transacted by him to prepare with reference to every year in accordance with the regulation contained in Part I of the First Schedule a balance-sheet in the forms set forth in Part II of that Schedule. 13 shall be furnished as returns to the Controller within the time prescribed thereunder. This contradiction was pointed out in the affidavits of the appellant but the learned Judges declined to go into it because they were of opinion that the question of marriage and other questions arising therefrom were irrelevant.
10(1), an insurer shall keep a separate account of all receipts and payments in respect of each class of insurance business mentioned’ therein; and under cl. ” Section 86 : The Chandigarh High Court Lawyers may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s Dominions is genuine and accurate, if the document purports to be certified in any manner Which is certified by any representative of the Central Government in or for such country to be the manner commonly in use Top Lawyers In Chandigarh High Court that country for the certification of copies of judicial records.
The question, therefore, is what is the true meaning of the terms of the second proviso to s. (2) thereof, if he carried on the business of life 145 insurance, all receipts due in respect of such business shall be carried to and shall form a separate fund, the assets of which shall, after the expiry of six months, be kept distinct and separate from all other assets of the insurer. The proceedings would be in time, if the second proviso to s.
Mahesh admitted that he was previously married but he stated that he had divorced his wife according to the custom of the caste and that his former wife married another person and was living with him. 5 and 11 of the Hindu Marriage Act (XXV of 1955) a second marriage, with a previous married wife living, is null and void. 15(1) of the Insurance Act, the audited accounts and statements referred to in s. The learned Judges did not see that even the eligibility of Mahesh to marry Kaniz Fatima was called in question because it was alleged on affidavit that he had a wife already living.
His exact words have been reproduced from his affidavits. Form A has two columns, one under the heading “Life Annuity Business” and the other under the heading “Other classes of business”. 34(3) of the Act could be invoked.