Hindu Marriage Act, 1955, Section 28(4), 13, Family Courts Act, 1984, Section 19 -- Appeal - Divorce decree or any other decree passed under 1955 Act is appealable u/s 28 of 1955 Act r/w S.19 of 1984 Act - However, period of limitation for filing appeal as provided under 1955 Act being substantive law, would prevail over limitation prescribed in 1984 Act being procedural..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document should be raised by party so objecting before endorsement is made and Court is obliged to consider said objection, form its opinion and record same which is followed by and endorsement thereon with regard to document being admitted or not in..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6 -- Admissibility of document - Once document has been endorsed as admitted and exhibited in terms of R.4 in exercise of its powers u/R.6 of CPC it would not be possible to de-exhibit same and therefore Court is obliged to take decision on objection raised by either of parties at that stage itself - There is provision enabling..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document in evidence may be classified into three categories are : (i) An objection with regard to there being insufficiently stamped documents i.e. there is deficiency in stamp duty of documents; (ii) would be where admissibility of document is not..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - Objection has to be raised before it is marked as an exhibit and if same has been admitted in evidence because of no, taking of any objection, it is not open either to trial court or court of appeal or revision to go behind..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - If objection relating to deficiency of stamp duty of document is taken, Court has to decided same before proceeding further - An objection relating to deficiency of stamp duty has to be taken at earliest and cannot be raised..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection is directed towards mode of proof alleging same to be irregular or insufficient - Objection should be taken when evidence is tendered - Once document has been admitted in evidence and marked as exhibit objection that it should not be admitted in evidence or that mode adopted..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection raised to document admissibility where complex issues are required to be resolved to be resolved or it is dependent upon receipt of further evidence, in such situations, decision may be differed in interest of justice but in any case, it has to be decided well before final..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection is directed towards mode of proof alleging same to be irregular or insufficient - Failure to raise prompt and timely objection with regard to mode of proof amounts to waiver of necessity for insisting on formal proof of document itself, which is sought to be proved as..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Where document has been objected to being abinition and/or inadmissible in evidence - Even if it is not objected to prior to its admission an objection can be raised at any stage of hearing, including in appeal or revision as well - An inadmissible document cannot be read into evidence..........
