Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Income Tax Return is a legally admissible document on which income assessment of deceased could be made...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A -- Late production of documents - Document sought is not a new document without there being any pleading with regard to the same in written statement - There is factual foundation for document sought to be received and a photocopy of said document was also filed along with written statement - Proposed document is..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - If there is any infirmity in cheque return memo, it does not render entire trial u/s 138 of the Act as nullity, as cheque return memo is not a document which is required to be covered under Bankers Book (Evidence Act)...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced at appellate stage can be accepted only if there is a satisfactory explanation for the non-production before the original Court, i.e. despite exercise of due diligence or the same was not within the knowledge of party or it could not be produced despite..........
Registration Act, 1908, Section 22A, 22B -- Refusal to register document - Merely on the ground of failure to produce documents of title of vendor, registration cannot be refused as per Ss.22-A, 22-B of the Act...........
Registration Act, 1908, Section 69, Registration Rules, Rule 55A(i) -- Validity of R.55-A(i) of Rules - R.55-A of Rules is inconsistent with the provisions of Registration Act, as it provides that unless documents are produced evidencing title as required by R.55A(i) of Rules, registration of document shall be refused - Due to inconsistency, R.55A(i) of Rules same declared..........
