Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Photocopy of agreement to prove its contents - Plaintiff sought permission to prove contents of second agreement regarding full and final payment received by predecessor-i, interest of defendants - Original agreement is not traceable - Merely because plaintiff not specifically averred that original agreement is..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plaintiffs unable to furnish necessary documentary and oral evidence to prove their claim - Defendant on the other hand put the earlier order involving same property in which is it was held that suit property is related to temple and plaintiff is staying therein to..........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so, plaintiff also failed to..........
Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity - Not a single document whatsoever was filed by plaintiff to prove his financial capacity - By self serving averments, financial capacity cannot be held to be proved - Existence of immovable property in itself is not enough to prove financial capacity, as immovable property is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags of poppy husk - Identification of accused - Evidence of identification of accused is of weak character, same cannot form basis for conviction - Moreover, PW3, failed to prove as to how accused was known to him prior to incident, as no document regarding same was produced by him -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing arrest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 7 kg 40 gms opium - Best evidence is the Court records to prove production of case property before Magistrate and deposit of the same in Malkhana or document showing destruction of the contraband...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale - Plaintiffs not whispered anything about loan transaction or mortgage of property - Parents of plaintiffs executed sale deed in 1978 and plaintiffs filed a suit in the year 2006 and they did not enforce any condition upon which plaintiffs strongly rely for atleast 14 years during..........
