Evidence Act, 1872, Section 65 -- Secondary evidence - Relating to contents of document is inadmissible, until non-production of original is accounted for...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Non-issuance of notice u/s 66 of the Act could not be a reason for Court below to reject application, especially when it was not specific case of plaintiffs that document sought to be proved by way of secondary evidence is in possession of defendants...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Mere filing of application u/s 65 of the Act, was sufficient notice to defendants to produce document in question, if it was in their possession...........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Certified copy of sale deed - No averment in applicant that document sought to be proved by way of secondary evidence is in possession of defendants - Rather it is stated that document in question was handed over to revenue authorities for attesting mutation - Plaintiffs thus, by placing on record certified copy of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide necessity and arrears of rent - Plea of tenant in respect of his claim to title of property on basis of agreement to sell arrived at between parties - Plea held, not tenable as tenant neither in his written statement nor in his deposition revealed any detail about date month or even..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 9 -- Decree of divorce in favour of husband and dismissal of application for restitution of conjugal rights - Appeal by wife - Husband alleges that wife used to abuse his mother and grandmother and did not want to do household work - However, no evidence produced by husband to substantiate such allegations - No criminal action..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 4, 5 -- Registered gift deed - Quashing of gift deed without giving opportunity to petitioner - Tribunal quashed the registered gift deed by proceeding in a hot haste - If Tribunal has any apprehension that petitioner would alienate property, then Tribunal could have passed any appropriate order..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - There was not even an iota of evidence to show that wife was responsible for any desertion and cruelty - Husband himself was responsible for separation between couple - Irretrievable breakdown of marriage had occurred because of husband himself, therefore, he could not take..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. as dying declaration - In a statement u/s 161 Cr.P.C. signature of witness are not to be affixed as it will make such a statement inadmissible u/s 161 Cr.P.C. - In the instant case condition of injured was serious and his blood pressure was not recordable - Without..........
