Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
Agreement to sell -- A contract for sale does not, by itself, create any interest in or charge on such property - Such contract is merely a document creating a right to obtain another document in the form of sale deed to be registered in accordance with law...........
Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Protection to life and liberty -- Live-in-relationship - Nothing on record primarily to show that petitioners are living as husband wife or they have solemnized marriage after obtaining divorce from earlier marriage - Neither proof of joint account, financial security, joint property or joint expenditure is produced before Court nor any document is produced before Court..........
Evidence Act, 1872, Section 45, 73 -- Provisions of Ss.45, 73 of Evidence Act can only be invoked for an admitted document for the purpose of comparison of signatures or handwriting...........
Indian Penal Code, 1860, Section 302 -- Murder - Dying declaration - Deceased stated that appellant, her aunt-in-law, set her ablaze - Doctor stated that deceased was conscious and was in a position to speak at the time of making declaration - Medical Certificate of deceased states that whole body and clothing having kerosene smelling had burns about 100% - Panchnama,..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant of a document is not required to seek its annulment in terms of S.31 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Once a document is exhibited aggrieved party has to file an application seeking de-exhibit of such document - However, instead of doing so plaintiff raised objection with regard to admissibility of document and trial Court considered the same holding that it is inadmissible - Approach of trial Court..........
