Showing : 171-180 of 285 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Evidence of plaintiff closed by order - Proof of some documents by way of secondary evidence sought when the case was fixed for evidence of defendant - Most of the documents are original documents and secondary evidence cannot be led to prove them - By proof of other documents..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Will-- Execution - Proof - Executant used to sign but thumb marked the Will - However, there is only one signature of executant which is a copy of a passport wherein signatures are in a haphazard manner - On other documents available on record such as vaklatnama and power of attorney filed in a suit..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised..........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Summoning of witness - Application filed by petitioner for summoning Stamp Vendor as witness rejected by trial Court relying upon O.16.R.1 CPC which does not appear in the Bombay Amendment - Held, in so far as the Bombay Amendment is concerned, it permits the parties at any time after suit is..........
KERALA HIGH COURT
Year of decision: 2011
Details
Succession Act, 1925, Section 373-- Grant of succession certificate - Nature of proceedings - Held, proceedings for issue of succession certificate are summary in nature - That does not mean that the court cannot allow the parties to produce documents and to adduce evidence - Grant of succession certificate does not involve final..........
KERALA HIGH COURT
Year of decision: 2011
Details
Succession Act, 1925, Section 306, Civil Procedure Code, 1908, Order 22, Rule 3-- Suit for declaration by donor or his LRs - Maintainability - Held, a suit for declaration that the documents executed by donor or assignor are not valid, or are vitiated by undue influence, fraud or coercion, could be filed by donor or assignor, as the case may be - Such a suit could be filed by..........
DELHI HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 29, Rule 1-- Suit filed by a director on behalf of company - Maintainability - Resolution passed by Board of directors of plaintiff company authorizing director to institute suit and sign and verify documents - Held, even otherwise, in view of provisions contained in O.29.R.1 of CPC, in a suit by a company,..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 37, Rule 1-- Summary suit - A suit can be filed U.O.37 only if it falls within the ambit of sub rule (2) of rule 1 - These are suits based on documents such as bills of exchange, hundies, promissory notes, written contracts, enactments or guarantee deeds...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2-- Right to summon documents not in one's possession - Conditions to be satisfied - Held, two conditions are required to be satisfied for this purpose - First is that documents which are proposed to be summoned, must be shown to be relevant to the dispute in suit - Second is that the document must be..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Consent decree-- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was..........

Showing : 171-180 of 285 Results