Bharatiya Sakshya Adhiniyam, 2023, Section 72 -- Comparison of signatures by Court - Admissibility of a document depends not only on whether it bears necessary signatures, but also on whether it satisfies other statutory formalities - Although document has been duly stamped upon payment of deficit duty and penalty, admissibility requires a comprehensive judicial..........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC empowers a party to seek production of documents in the possession, custody or power of the opposite party, if such documents relate to matters in question in the suit - The Court must ensure that this right is exercised in a manner that is proportionate and does not permit undue..........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
Mutation -- Law as to - (i) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (ii) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from the person recorded; (iii) They neither extinguish nor create title; (iv) mutation in revenue records does not have any presumptive..........
Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Auction sale - Dispute regarding priority of charge over property - Held, it would be appropriate that High Court first deals with issues raised by Axis Bank that it has first..........
Civil Procedure Code, 1908, Section 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When findings of facts arrived by First Appellate Court on appreciation of pleadings and evidence of parties are neither perverse nor unreasonable, question of interfering with the same through second appeal filed by plaintiff does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
