Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - When author of document in question confirms its genuineness sending documents for determination of age of ink will not serve any purpose - Application rightly dismissed...........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Where defendant files application seeking sending document to expert for comparison of signature, defendant shall aver in affidavit about his admitted signatures, on authentic documents available for comparison - Without making available admitted signatures, ordering interlocutory application..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection as to admissibility of a document on the ground of sufficiency of stamp has to be raised when document is tendered in evidence - Once a document is admitted in evidence, such admission cannot be called in question at any stage of suit or proceedings on the ground that instrument has not..........
Evidence Act, 1872, Section 68, 71 -- Will - Attestation - When both the witnesses turned hostile by denying due attestation, propounder who is bound to prove the Will in accordance with the mandate u/s 68 of the Act, would stand reverted back to the normal rule of proof of a document in contrast with the requirement of S.68 of the Act for which legislature has..........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - Once document is admitted in evidence, objection to admission of document on the ground of insufficiency of stamp duty, is not maintainable in view of bar contained in S.36 of the Act...........
Stamp Act, 1899, Section 36 -- Impounding of document - Deficient stamp duty - Court suo moto, has no jurisdiction to impound a document on the ground of deficiency of stamp duty after it has been admitted in evidence - Bar u/s 36 of the Act will be applicable to Court also...........
