Civil Procedure Code, 1908, Order 13, Rule 3 -- De-exhibiting a document - Unregistered sale deed executed on insufficient stamp paper - Document admitted in evidence initially - Un-registered sale deed not executed on sufficient stamp paper is hit by Ss.35, 36 of Stamp Act and S.17 of Registration Act is liable to be rejected U.O.13.R.3 CPC...........
Agreement to sell -- Specific performance - Once execution of agreement to sell and payment/receipt of advance of substantial sale consideration was admitted by vendor, nothing further was required to be proved by vendee...........
Civil Procedure Code, 1908, Order 8, Rule 5, Evidence Act, 1872, Section 58 -- Absence of specific denial of fact - Said fact shall be taken to be admitted - Admission itself being proof, no other proof is necessary...........
Prevention of Corruption Act, 1988, Section 7, Evidence Act, 1872, Section 24 -- Illegal gratification - Extra judicial confession - Evidence of PW1, PW2 and PW3 shows that confessional statement made by Officer did not appear to be voluntary, as they were already aware about the racket of touts in recruitment scam - PWs admitted that officer was part of team - No material..........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Comparison of disputed handwritings/signatures with admitted handwriting/signatures, separated by a time lag of 2 to 3 years would be desirable so as to facilitate expert comparison in accordance with satisfactory standards...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 109 -- Anticipatory bail - Kidnapping and rape - Prosecutrix in her statement recorded u/s 164 Cr.P.C on two occasions clearly implicated accused by stating that she was kidnapped by him whereafter she was taken to some unknown place and subjected to forcible sexual assault - She has not..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Mere reserving right to plaintiff to take up point at a later stage would not by itself entitle for exhibiting disputed document in evidence and marking it as an exhibit and getting it admitted...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Merely because trial Court observed that plaintiff therein who objected to marking of said document can agitate his objections at a later stage in his arguments on the main suit itself, would not entitle party to produce said document and to get it marked as Exhibit and get it admitted in the evidence...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
Wakf Act, 1995, Section 36 -- Waft property - Registration - Once it is admitted that it was Salafi Trust who got mosque registered as a waqf u/s 36 of the Act and once it is admitted by plaintiffs in their plaint that mosque was constructed in a vacant plot demised by Salafi Trust, it was not open to them to go against statutory prescriptions and claim to be Mutawalli...........
