Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Tenancy on payment of yearly Lagan - Lease document not produced - Only on basis of Lagan receipts, plaintiff cannot be considered to be a tenant - Possession at best can be termed as licencee for a particular period and thereafter possession was as a trespasser - Suit rightly dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Neither any oral evidence nor any document of sickness of wife has been produced - Rather, family Court found that after marriage, husband got government job and since wife was an illiterate and uneducated woman, he was not agreeable to continue conjugal relation with her and filed divorce..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of document - Provision of O.7.R.14(3) is directory and not mandatory...........
Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Admissibility of a document in evidence cannot be decided at the stage of O.39.Rr.1, 2 CPC nor a document can be ignored upon an objection regarding its inadmissibility in evidence at that stage for the purpose of deciding issue of prima facie case...........
Bharatiya Nyaya Sanhita, 2023, Section 85, 115(2), 118(1), 191(2) -- Cruelty - Only allegation with some degree of specificity is against petitioner No.2 alleging an attempt to press neck of complainant - However, said allegation is conspicuously unsupported by any medical evidence or contemporaneous record - No injury report, hospital document, or independent..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Rape - Direction issued to all SHOs under DCP concerned to strictly ensure that name, parentage or address of a victim of sexual assault is not disclosed in any status report or document filed before Courts...........
Evidence Act, 1872, Section 126 -- Professional communications - Directing Advocate to file affidavit disclosing source of document filed in Court - Act of handing over and the information regarding origin of that document is part of professional confidentiality - Primary responsibility for the documents filed in Court lies with the party - Compelling advocate to file..........
