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Issues Involved:
1. Liability on two missing promissory notes. 2. Admissibility of income-tax documents as evidence. Detailed Analysis: 1. Liability on Two Missing Promissory Notes: The appellant was involved in two separate cases concerning missing promissory notes, one for Rs. 9704 dated 16th February 1932 and the other for Rs. 24,400 dated 13th February 1933. The first note was admitted but claimed to be discharged except for a small amount, while the second note's execution was completely denied by the appellant. Facts and Allegations: - The plaintiff, a well-to-do Vaisiya money-lender, and the defendant, an important Mokhasadar, had friendly relations and significant dealings until 28th March 1934. - On 1st February 1934, the defendant transferred income from some lands to his wife, causing unease for the plaintiff. - On 17th February 1934, it was alleged that the plaintiff, accompanied by P.W. 2, visited a vakil to draft a new promissory note to renew previous debts, to be executed by both the appellant and his wife. - The plaintiff claimed that the appellant took the draft and agreed to execute the new note but later appropriated the original notes and refused to acknowledge the debt. Evidence and Witnesses: - The plaintiff's account of events on 30th March 1934 was supported by several witnesses, including P.W. 4, a Christian employed in a tannery, and P.Ws. 5 and 6, who were indebted to the plaintiff. - The defense denied the entire occurrence and claimed the promissory note for Rs. 24,400 did not exist, and the earlier note was mostly discharged. - The court found the defense evidence largely false, noting the friendly relations between the parties and the improbability of the plaintiff fabricating a story for Rs. 34,000 out of nothing. Conclusion: - The court concluded that the plaintiff's story was substantially true, supported by credible witnesses like P.W. 4 and the suspicious behavior of the defendant, including the suppression of accounts and failure to examine key witnesses. - The existence of the promissory note for Rs. 24,400 before 30th March 1934 was a crucial factor. 2. Admissibility of Income-Tax Documents as Evidence: The court had to decide whether income-tax documents, specifically a profit and loss statement and an income statement, were admissible as evidence to prove the existence of the promissory note for Rs. 24,400. Legal Framework and Precedents: - Section 74, Evidence Act defines public documents, and Section 65(e) allows certified copies of public documents as secondary evidence. - Section 54, Income-tax Act, prohibits the disclosure of income-tax returns, but it does not prevent an assessee from using their own returns as evidence. - Previous cases had conflicting views on whether income-tax returns are public documents. Some courts, like in Mythili v. Janaki, held they were not, while others, like in Venkataramana v. Varahalu, allowed certified copies of statements recorded by Income-tax Officers. Court's Analysis: - The court referred to the Full Bench to resolve the conflict, focusing on whether income-tax returns and supporting statements are public documents. - The Full Bench concluded that income-tax returns and supporting statements are public documents as they form part of the record of the act of the Income-tax Officer. - Certified copies of these documents are admissible under Section 65(e), Evidence Act, provided they are part of the record of the Income-tax Officer's assessment. Conclusion: - The court affirmed the admissibility of income-tax documents as public documents, which significantly supported the plaintiff's case regarding the pre-existence of the promissory note for Rs. 24,400. Final Judgment: The court ruled in favor of the plaintiff, holding the appellant liable for the amounts claimed under the promissory notes. The evidence, including the admissible income-tax documents, substantiated the plaintiff's claims, leading to the conclusion that the defendant's denials and the false evidence presented were insufficient to refute the plaintiff's case.
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