Evidence Act, 1872, Section 3 -- (Bharatiya Sakshya Adhiniyam, 2023, S.2) - Document - When a document is relied upon, entirety of document must be seen as relied upon - A part of it for purpose of canvassing allegation and rest rejected is not permissible in law of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of consideration of an application U.O.7.R.11 CPC, only contents of plaint are required to be examined to determine whether or not same is barred by any law...........
National Green Tribunal Act, 2010, Section 14 -- Jurisdiction of Tribunal - For invocation of provisions of Act, there must be existence of a substantial question of law relating to environment...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Criminal Court is empowered to summon any person as a witness at the stage of inquiry, trial or other proceeding, provided that such summoning and examination are absolutely necessary for just decision of case - Such a decision taken by a Court of law normally shall not be interfered with, since Court..........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu dying intestate - Once by virtue of operation of S.14(1) of the Act, limited interest of deceased elevates itself into an absolute right and once it becomes absolute right, subsequent bequeath in Will in favour of plaintiff cannot have any efficacy of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Registration Act, 1908, Section 68(2) -- Cancellation of sale deeds - District Registrar is not empowered to cancel the sale deeds, as registering authority has no jurisdiction or authority to adjudicate disputed facts regarding civil rights of parties - Competent civil Court of law alone is empowered to declare civil rights...........
Fraud -- In the event of fraud being committed by any person threefold actions are provided for an aggrieved person i.e : (i) "an aggrieved person may file a complaint to prosecute persons under criminal Law; (ii) such person is entitled to approach civil Court for establishing his civil rights; and (iii) he can approach competent authorities for cancelling registered..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 302 -- Bail - Accused was arrested on a warrant - Grounds for arrest were not communicated to relatives of applicant in accordance with law - Arrest stands vitiated and applicant is entitled to be released on bail - Bail granted with conditions...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........