Joint family property -- Court may presume u/s 114 Evidence Act the existence of fact that property purchased by husband in the name of wife who is homemaker and does not have independent source of income, is property of family...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal filed by plaintiff is pending before Board of revenue - Board of Revenue cannot proceed with hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law - Board of Revenue held, directed to decide the application U.O.41.R.27 CPC..........
Evidence Act, 1872, Section 45 -- Expert opinion - It is necessary to look for other evidence including the opinion of expert u/s 45 of Evidence Act, before arriving at a conclusion on the issue involved...........
Indian Penal Code, 1860, Section 466, 467, 468, 471, 475, 511, 420 -- Forged document - Husband/petitioner forged documents and produced the same before Army Group Insurance Fund to get the death benefits of his wife - Involvement of petitioner in the crime has been arrived, on the basis of other independent evidence - Even without an exercise on the part of Court towards..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court exercising revisional jurisdiction should be loath in interfering with the findings of Courts below, unless there are glaring illegalities or improprieties committed by such Courts - As regards appreciation of evidence, it is not possible to unsettle findings of Courts below, unless it is shown that there..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
