Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Commercial dispute - Defendants have not produced any document to show that there is any relationship between parties with regard to any business and defendants are using the property exclusively in Trade or Commerce - Plaintiffs on the other hand established that defendant is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c) -- Contraband - Search and seizure - Two independent witnesses who were associated in recovery proceedings were not examined in evidence and no explanation was given by prosecution as to why they were not examined - Prosecution neither examined any witness nor produced any document to satisfy..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Document in question is not in possession of plaintiff and despite best efforts, same could not be procured from earlier counsel - Previous counsel categorically stated that said notice is lost from his office - Notice u/s 66 of the Act is not required to be given by plaintiff, as case of plaintiff falls u/s 66..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Comparison of signatures with certified copy of registered sale deed - Certified copy is not the required document as per the requirement of FSL authorities - No plea that original sale deed is lost - No interference warranted in the impugned order...........
Evidence Act, 1872, Section 114 -- Adverse inference - Defendant contested the case but failed to enter the witness box or examine any witness and failed to send the document to hand writing expert to say that signature on document is not that of the defendant - An adverse inference has to be drawn against the defendant and the case put by him in the written statement to..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining 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 the fact elicited from plaintiff by examining him U.O.10 CPC...........
Will -- Proof - Party propounding a Will or otherwise making a claim under a Will is under obligation to prove the document...........
