Indian Penal Code, 1860, Section 420 -- Cheating - Sale deed - Furnishing of wrong address in sale deed would not constitute cheating as there is a distinction between false documents and documents whose recitals are false...........
Foreign Marriage Act, 1969, Section 17 -- Marriage - Registration - Even if a marriage is not registered under Foreign Marriage Act, it can still be treated as valid marriage under Indian law for interim purposes, particularly when party asserting marriage supports it with documents such as photos, proof of residence, joint account or correspondence...........
Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Return of gold ornaments -- Entrustment of 53 sovereigns of gold by wife to respondents for safe keeping - Due to domestic and informal nature of such transactions, she would not be in a position to produce documents or independent witnesses to prove entrustment - Court has to adopt a pragmatic approach and decide the issue of entrustment on the principle of preponderance..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that cheque and other documents are null and void - Trial Court based on FIR registered by plaintiff against defendant has straightaway taking version pleaded by plaintiff as conclusive proof decreed the suit without considering fact that FIR was registered based on statement given by plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Partition suit - Defendant denied that plaintiff is daughter of legally wedded wife `R' of his father - Plaintiff sought to produce sale deeds said to have been purchased by mother of plaintiff - Even if documents were taken on record, same would not prove that plaintiff is daughter of `R' and father..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for marking documents and reopening of evidence of PW1 - Suit was already pending consideration for almost 15 years - PW1's evidence was recorded almost a decade back - During all this time when suit was pending before Trial Court, petitioner never thought of getting these documents marked -..........
Civil Procedure Code, 1908, Order 11, Rule 1(5), Civil Procedure Code, 1908, Order 11, Rule 1(4) -- Production of documents - O.11.R.1(5) CPC does not deal with additional documents and it is O.11.R.1(4) CPC which is concerned with additional documents...........
Civil Procedure Code, 1908, Order 11, Rule 1(5) -- Production of documents - O.11.R.1(5) CPC is applicable to commercial suit only with respect to documents which were in plaintiff's power, possession, control or custody and not disclosed along with plaint - Since it is not the plaintiff's case that documents were not in their possession or control and were subsequently..........
