Evidence Act, 1872, Section 63, 65, 74, 77 -- Secondary evidence - Xerox copy of a public document is inadmissible in evidence unless and until it is proved in a way as provided under the law...........
Stamp Act, 1899, Section 33 -- Impounding of un-stamped and un-registered document - Development agreement - Obligation of paying registration fees and stamp duty is on Unitech - Unitech's claim to compensatory payment cannot be defeated on sole ground of payment of stamp duty - Development agreement shall have to be impounded and be presented to Chief Controlling Revenue..........
Registration Act, 1908, Section 17(1A) -- Registration - Document which purports to transfer interest in a immovable property of huge amount in terms of S.53-A of Transfer of Property Act, needs compulsory registration by virtue of S.17(1-A) of the Act - Such document u/s 2(10) of Stamp Act falls under Schedule 1 of Stamp Act for which proper Stamp duty is to be levied and..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 2(10) -- Conveyance deed - Unregistered and unstamped document - Payment of part of consideration amount and handing over of possession of property is nothing but a conveyance and therefore, is governed under Registration Act as well as Stamp Act...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Document -- Deed of undertaking - Plea of issuing blank signed papers alleged to be misused - Held, bald denial regarding genuineness of Deed of undertaking despite admitting signatures does not cast any doubt on the genuineness of said document...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendants from interfering in peaceful possession of suit property - Plaintiffs have not filed any document on record to establish that property described at the foot of plaint is disputed abadi land - Burden is upon plaintiff to prove said fact, however, he failed to do so -..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 33, 35 -- Unregistered and unstamped document - Determination of appropriate stamp duty - Does not meet the requirement of registration - Even if stamp duty is paid after impounding, document is still inadmissible if it requires registration but is unregistered...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit dismissed by trial Court - Appellate Court allowing plaintiff to produce additional document and remanding case for decision afresh - Such general remand not causing prejudice to defendant who can adduce evidence in rebuttal - Order calls for no interference...........
