Stamp Act, 1899, Section 31, 35 -- Nature of document - Deed of assignment or lease deed - Tenor, contents and background of proposed instrument reveals that it is a deed of assignment of lease and not sale - Proposed instrument is thus, a deed of assignment and that it will be chargeable in accordance with Art.63 of Scheduled 1-B of Stamp Act on basis of amount of sale..........
Evidence Act, 1872, Section 35 -- Admissibility of document - Admissibility of document is one thing and probative value thereof is different...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and son - Husband resigned from his job two times, which shows that he has adequate financial banking - Contention of husband that wife is earning, rejected in absence of any document to fortify the claim set up by him - More so, husband filed a petition u/s 13 of Hindu Marriage Act, which shows that it is..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For taking benefit of the provision of S.53-A of the Act, any document executed pursuant to Registration and other related Laws (Amendment) Act, 2001, the same to be registered...........
Void document -- A document which is void need not be challenged by claiming a declaration as said plea can be set up and proved even in collateral proceedings...........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason - If he refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same with an endorsement on the document that registration has been refused -..........
Service -- Selection process - Intimation through SMS - There is no bar in intimating candidates through SMS, more particularly when large number of candidates had to appear in subsequent process and majority of candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Unregistered document to prove title - The purpose for which document is relied upon is not for collateral purpose but to prove the transaction on the basis of which plaintiff tries to establish his title - Rejection of application calls for no interference...........
Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
