Partition suit -- Long standing entries recorded in 7/12 extracts and also instances of sale that had taken place between defendants - Said transactions were never objected by plaintiff - This silence on the part of plaintiff also speaks for itself and it could have been definitely taken as prima facie indication of previous partition - More so, plaintiff admitted that..........
Registration Act, 1908, Section 71 -- Refuse to register a document - Where Sub-registrar refused to register a document presented for registration on a mistaken interpretation of statutory provision, which refusal found to be erroneous by superior authority, Sub-Registrar cannot be permitted to take advantage of his own wrong by asking petitioner to pay fine for delayed..........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him cannot keep the same pending for any reason - If he does not intend to register document so presented, he has to pass an order of refusal of registration with an endorsement on the document that registration has been refused...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Indian Penal Code, 1860, Section 420, 468, 120B -- Cheating - Forged document - Quashing of charge sheet - Allegation that accused have forged certain documents to change surname of his son in school record - However, during investigation, I.O has failed to collect any evidence to show that even a single document was prepared by accused for purpose of cheating - Charge..........
Evidence Act, 1872, Section 92 -- Proviso (6) - Proviso - Resort to proviso can be only when document leave the question in doubt - However, when a document is a straightforward one and presents no difficulty in construing it, proviso does not apply...........
Evidence Act, 1872, Section 61 -- Proof of a document - Mere marking of exhibit on a document does not dispense its proof - Document has to be proved qua its contents in terms of S.61 of the Act, either by primary or secondary evidence - In the absence of such a burden being discharged while exhibiting the documents, Appellate Court has clearly erred in accepting documents..........
Companies Act, 1956, Section 433(e), (f), 434 -- Winding up petition - Inability to pay admitted debts - Respondent company supplied raw material to appellant Company and there was outstanding balance amount against appellant - Defence taken by appellant with regard to quality of material supplied by respondent being defective was by way of an afterthought, as no document..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on medical grounds - Guidelines issued: (i) Medical reports from Jail Hospital must clearly state history, examination findings and clinical diagnosis, interpretation of diagnosis in simpler terms for Judges to understand following: (a) What is the diagnosis?: (b) Whether it can be simply treated by giving..........
