Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Breach of contract - Applicant not able to produce any evidence to indicate that respondents had intention to deceive applicant from the very inception - He also did not issue any notice to respondent No.1 for execution and registration of agreement to sell - Applicant has also not produced on..........
Registration Act, 1908, Section 71, Tamil Nadu Registration Rules, 2000, Rule 55A -- Refusal to register document - Sub-Registrar cannot insist party to produce original parent document while registering a document - Impugned order refusing to register document quashed - Petitioner is directed to re-present the settlement deed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for declaration of ownership and joint possession - Defendants/petitioners sought permission to lead evidence qua unregistered Will in their favour alleged to be executed by deceased - There is no additional issue framed regarding Will - Numerous opportunities had been given to defendants to conclude..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Non-production of original parent document - Sub-registrar cannot insist petitioner to produce original parent document for verification - Sale deed can be registered if certified copy of parent document is produced...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Petitioner failed to produce on record any medical certificate or document which proves that plaintiff is suffering from mental infirmity and is not capable of protecting her interests while being sued or suing someone - Application filed for appointment of next friend of plaintiff..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Production of documents - Party cannot be compelled to produce document if he states that original is not in his possession - An appropriate inference would be drawn at appropriate stage for non-production of original documents...........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Failure to produce original title documents - Not a ground for refusal of registration - Original document was misplaced - Petitioner to represent sale deed alongwith affidavit narrating reason for failure to produce original title deed and newspaper advertisement - Respondent shall consider registration..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Plaintiff did not mention anything in his application about new facts being mentioned in the written statement filed by defendants - Even, last opportunity was granted to plaintiff to produce evidence but instead of producing his witnesses in evidence, plaintiff filed present application which shows the lethargic..........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Statutory provision of O.8.R.1-A(3) CPC provides a second opportunity to defendant to produce documents which ought to have been produced in the Court along with written statement subject to seeking leave of Court...........
