Evidence Act, 1872, Section 92 -- Oral evidence - Bar imposed by S.92 of the Act would not apply if a party does not rely upon terms of a document, but says that something different from ostensible terms was intended by parties...........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Parameters summarised for taking secondary evidence, viz. (i) party seeking to lead documentary evidence must lay down some foundational evidence either in plaint or in written statement as the case may be that alleged copy is in fact true copy of original; (ii) party seeking to lead secondary evidence should..........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
Evidence Act, 1872, Section 3, 61 -- Admissibility of document - Objection as to - Document tendered in evidence and received on file subject to objection raised by petitioner - Its genuineness and veracity will be dealt with at the trial stage - Objection rightly rejected by Sessions Judge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signatures on vakalat, written statement and another unstamped pronote cannot be termed as admitted signatures - Document cannot be sent to expert for comparison of signatures in the absence of filing of a authentic document containing admitted signatures...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - Title suit - Plaintiff is praying for admitting document in evidence to show that there was a criminal case between parties due to dispute relating to suit land and a proceeding u/ss 144, 145 Cr.P.C had also been initiated involving suit property - Documents are certified copies and its authenticity..........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
