Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Once plaintiffs asserted that they derived valid title to suit property through their forefathers, burden lay squarely upon them to substantiate such claim by producing cogent title deeds in support thereof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Appeal seeking re-appreciation of evidence is impermissible in second appellate jurisdiction in the absence of a substantial question of law...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Case has reached its final stage - Transfer of case to another Court at this stage is highly unjustified and improper - Grievance of wife could be adequately addressed by appointing a Commissioner for recording evidence - Moreover, in mediated settlement agreement, wife had expressly agreed to fully..........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought only to incorporate a relief which was based on a cause of action which arose after filing of suit - Question of possession has to be considered and decided after evidence is led by both the parties - Only issues have been framed and no evidence led by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Mere non-filing of FSL report along with police report does not render challan incomplete so as to confer an indefeasible right of default bail upon accused - FSL report being a piece of corroborative evidence can be filed..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Proposed rejoinder is intended only to specifically traverse and rebut new factual assertions introduced in written statement - Bar against raising a new case through subsequent pleadings is not attracted - Issues in suit are yet to be framed and both parties will have adequate opportunity to lead evidence -..........
