Civil Procedure Code, 1908, Order 13, Rule 4 -- Endorsement on documents - Documents admitted in Court have to be dealt with in two stages, first is when the documents are filed or produced in Court - At that stage documents have to be received by the Court - Secondly, at the time of formal proof of documents - At that stage Court has to consider whether documents should..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Notice issued for the second time and notice served - Complainant could have filed the complaint on the basis of first notice which was returned with endorsement of postman regarding non availability of receiver - However, when due diligence was taken by issuing notice for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house' or `house locked' or `shop closed' or `addressee not in station'...........
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..........
Service -- PEPSU Road Transport Corporation - Regulation 1992 - Corporation had taken due care to inform all its Headquarters and Depots and all concerned about Regulation - Even the regulation circulated to all General Managers with endorsement to be put on the Notice Board - It is not necessary for corporation to give individual notice to all employees, as the Regulation..........
Registration Act, 1908, Section 71 -- Refusal to register - Sale deed - Specific reasons are required to be recorded for rejection of document, if any, after due application of mind in accordance with law taking into account the circulars and guidelines issued by Revenue and Land Reforms Department - Since impugned endorsement on the sale deed presented by petitioner does..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 6 bags of poppy husk - Non-adherence of requisites of S.57 of the Act - I.O at the site after arrest of accused persons and/or seizure of contraband forwarded the information with regard thereto to his higher officer without any delay - Even related FIR with necessary endorsement therein had..........
Evidence Act, 1872, Section 32 -- Dying declaration - Cannot be relied upon if such dying declaration was not read over to deceased and there is no endorsement to that effect...........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Section 151 -- Secondary evidence - Photostat copy of agreement of sale - Suit for specific performance - Original agreement of sale was filed in earlier suit and was destroyed by Court - Certified copies of decree and judgment in said suit are exhibited and endorsement given by District Court showing that..........
Evidence Act, 1872, Section 32 -- Dying declaration - Deceased remained in fit condition throughout recording of statement - Dying declaration bears appropriate endorsement of Doctor - Nothing on record which shows that there is any doubt in dying declaration - Dying declaration, held, reliable...........
