Evidence Act, 1872, Section 74(1)(iii) -- Sanction order - It is a public document - Certified copy thereof is admissible in evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Factum of marriage and cohabitation cannot be inferred through a single photograph of male and female as seen together, particularly when only positive is filed without negative of photograph and person who took the photograph not examined - Said documents rejected as inadmissible in evidence...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband is employed in police force and he is getting salary of Rs.70,000/- p.m - However, no document with regard to income of wife was produced - In absence of any evidence regarding wife having any adequate source of income, on facts and circumstances of case, order determining amount of maintenance @..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Evidence Act, 1872, Section 45 -- Expert opinion - To obtain an opinion of handwriting expert upon any disputed document, original copy of same is very much necessary...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Defendants neither denied their signatures on agreement to sell nor alleged that agreement is a forged and fabricated document - Serious questions of fact and law are involved between parties which can be adjudicated after recording of evidence of both the parties..........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - All the PWs except father of victim did not support prosecution case - Not a single witness corroborated the evidence of victim in their depositions - Father of victim was not present near the place of occurrence and he heard the incident from victim - Evidence of father of victim being in the nature of hearsay..........
Registration Act, 1908, Section 49 -- Unregistered sale deed - Issue of possession cannot be said as collateral purpose by relying on unregistered sale deeds - Such document can be received as evidence in a suit for specific performance as proof of agreement of sale and only for that purpose and for no other purpose...........
Registration Act, 1908, Section 17 -- Registration - Clause in agreement of sale, which is compulsorily registerable, but not registered is not independent of or divisible from transaction in issue i.e sale of suit land - No clause of a document inadmissible in evidence for want of registration can be relied for any purpose including possession...........
Adverse possession -- Suit for declaration and injunction - Defendants claiming adverse possession on basis of unregistered sale deed of suit property valued more than Rs.100 - Compulsorily registerable document not registered could not be relied upon in evidence - There cannot be finding on adverse possession when claim is based on a document inadmissible in evidence -..........
