East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction - Impleadment of Necessary Party - In absence of any rent receipt or rent agreement, respondent no.3, can only be termed as stranger - Landlord is dominus litis and cannot be compelled to face litigation against stranger by impleading him as a party against..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Pleadings of an earlier suit is essential and was required to be furnished in order to ascertain fact as to whether suit suffers from doctrine of res judicata - In absence of proof of pleadings of earlier suit, question of res judicata cannot be accepted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Prosecution led no satisfactory evidence so as to establish beyond all manner of doubt that accused was woman who was staying in the house in question with co-accused where deceased/girl was murdered - Fact that dead body was that of daughter of accused would create..........
Will -- Proof of - Will in question is a document of two sheets and both these sheets must bear thumb impression of testator - However, attesting witnesses of Will do not depose that testator affixed his thumb marks on both the sheets - Testimony of one of attesting witness of Will reveals that neither he had seen testator signing or affixing thumb impression on Will nor..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Dispossession in violation of decree of permanent injunction - O.21.R.32 CPC in respect of intention violation requires stricter proof of dispossession with reference to date, time, place and manner of dispossession - Expression `the act requires to be done' would arise when factum of intentional dispossession is..........
Evidence Act, 1872, Section 102 -- Forged rent receipts - Burden of proof - Suit for restitution of possession - Where landlord alleged that Rent receipts relied upon by tenant were forged and fabricated, burden of proof automatically shifted upon him to establish this claim since in any case, genuineness of his signatures on receipts was not denied...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Evidence of Commissioner itself is not proof of title...........
Revenue record -- Mere entries in revenue record are not conclusive proof of actual physical possession of person whose name is entered therein...........
