Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Order 13, Rule 4, Stamp Act, 1899, Section 33, 35 -- Exhibition of documents - U, registered and unstamped document - Procedure envisaged u/s 33 & 35 of Stamp Act for impounding of those documents can be adopted after exhibiting the same and thereafter decide the question for which purpose the said documents are permitted to be admitted in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Fixation of mesne profits - Fixation of mesne profits is to be on basis of some registered documents and it cannot be fanciful, at discretion of Court - In the instant case, order does not depict that whether any registered lease deed was taken into consideration while fixing mesne profits - In..........
Succession Act, 1925, Section 276 -- Probate - Will and codicil - Original documents not on record and there is no evidence as to what happened to them - Though petitioner was allowed to prove the same by secondary evidence, but he failed to lay foundation for leading secondary evidence - Said document purport to be registered even if original thereof was not available,..........
Indian Penal Code, 1860, Section 406, 409, 120B -- Accused on the basis of false and fraudulent documents made a claim which leads to award of compensation in land acquisition matter - Interest of State is certainly compromised or adversely effected - Matter cannot be termed as a civil dispute simplictor - Crime was therefore rightly registered - No reason to quash the..........
Registration Act, 1908, Section 57(5), Evidence Act, 1872, Section 65(f) -- Secondary evidence - Registered document - Certified copies of documents obtained from Registrar's office are admissible, though they are secondary evidence...........
Constitution of India, 1950, Article 32 -- Haj Pilgrimage - Quota of Private Tour Operators (PTOs) - Rejection of quota - Non furnishing of document - Respondent approved a policy framed by Government of India for registration of Private Tour Operators (PTOs) for HAJ in 2013 - However, Ministry of External Affairs (MEA) issued a clarification by which a PTO seeking..........
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114 -- Registered sale deed and Will - Neither challenged nor cancelled by any competent Court till date - Both the documents alleged to be executed after death of executant - Death certificate not issued by competent Magistrate - Death certificate cannot be made basis for nullifying registered documents -..........
Constitution of India, 1950, Article 32 -- Writ of mandamus - Seeking direction for respondent/Private Tour Operators to accept their application for registration - Grant of permission to take pilgrims for Hajj - Respondents are directed to make fresh applications with all necessary documents showing that they are duly registered and qualified operators - Concerned..........
