Registration Act, 1908, Section 17 -- Agreement - A document merely recording a transaction which is already concluded and which does not create any rights and liabilities does not require registration...........
Stamp Act, 1899, Section 35 -- Insufficiently stamped document - Cannot be admitted in evidence in the absence of requisite stamp duty and penalty being paid and certified by Collector...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Stamp Act, 1899, Section 35 -- Admissibility of document - Objection as to - Where document was found to be insufficiently stamped and was marked as exhibit with objection and that objection having not been removed or cured, no benefit of S.36 of the Act could be extended...........
Service -- Compassionate appointment or on contractual basis - Respondent was appointed as a contract conductor on preferential basis being the son of deceased employee - No document on record to prove that appointment of respondent was on compassionate basis so as to treat him as a permanent employee - Mere fact that respondent was appointed on contract basis pursuant to..........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption is with regard to proper execution of document which is 30 years old and not the proof of execution thereof...........
Evidence Act, 1872, Section 90 -- Gift deed more than 30 years old - Document is in the handwriting of executant - However, original gift deed is not produced before Court by defendant - Plaintiff thus, lost his chance to question the genuineness and veracity of gift deed and parties did not know whether gift deed was in handwriting of executant...........
Criminal trial -- Admissibility of documents - Objections - In criminal law, admissibility of a document is not hindered if it is unregistered or unverified - Court's focus in criminal proceedings is on deciding the charges framed against accused, not on determining any civil rights between the parties - Moreover, act of assigning an exhibit or a mark to a document is a..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Marking of documents itself will not amount to admission of documents - They are being marked as exhibits...........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Expert opinion - For obtaining opinion of an expert certainly disputed and admitted document must be sent to him for the purpose of comparison...........
