Adverse possession -- Suit for declaration of title on the basis of adverse possession - Plaintiff sought prescriptive title on the basis of UDR patta issued in his name - However, said patta have no seal of official who signed the document - Even, date of document also not mentioned - Patta was issued in favour of plaintiff without notice to defendants, who were original..........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Non-production of original parent document - Registrar cannot refuse to register document merely on the ground of non-production of original parent document - He can very well verify the certified copy and other documents produced by petitioner...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title on the basis of adverse possession - Plaintiff has failed to prove his adverse title by leading cogent evidence - Therefore, additional document produced by defendants are not necessary to dispose of the appeal and there is no need to afford an opportunity to plaintiff to cross-examine defendants with..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Once case is pending for plaintiff's evidence, marking documents in evidence can be denied only when Court comes to a conclusion that such document is either not relevant or not admissible in evidence...........
Court Fees Act, 1870, Article I -- Schedule.I - Ad valorem Court fee - If a suit for cancellation of document or annulment is filed, suit will be governed by Art.I, Schedule.I of the Act, which provides for payment of ad valorem Court fee on the value of subject matter in dispute - Tentative value of subject matter of dispute is specified in the instrument itself...........
Agreement to sell -- Specific performance - Plaintiffs have proved due execution of agreement to sell - Defendants on the other hand could not probablize their defence that agreement to sell was loan document and not the agreement to sell - Defendant nos. 2 and 4 have taken self contradictory stand in their written statement - Loan transaction as alleged by defendant not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and fact elicited from the plaintiff by examining him U.O.10 CPC - Court has to presume the fact stated in the plaint as correct...........
Document -- Possession of a document by a party which is in the name of other party - Party which files a document must explain his possession in case otherwise in the normal course entitled to have possession of such document but which are in the name of other parties...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering suit property - Plaintiffs were neither in possession of land nor produced any document to establish that they had ever exercised their rights of ownership over suit property - Even otherwise, since the plaintiffs are attempting to..........
