Civil Procedure Code, 1908, Section 100 -- Second appeal - Non registration of a document - It is a mixed question of fact and law - Must be pleaded and proved - The question of non registration of a document cannot be raised for the first time in second appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court can allow additional evidence at appellate stage if on consideration of entire evidence on record it comes to an independent finding that any document which is sought to be produced or any witness proposed to be examined is necessary to pronounce judgment - Court can also allow..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Order 8, Rule 5 -- Agreement to sell - Opinion of handwriting expert - Absence of specific denial in the written statement as to thumb impression being forged or about the purchase of stamp details - Document cannot be sent to handwriting expert for his opinion, at the instance of defendant when trial has..........
Criminal Procedure Code, 1973, Section 195 -- Documents produced in evidence - Offence in relation to - Applicability of S.195 - Held, S.195(1)(b) (ii) Cr.P.C. would be attracted only when offences enumerated in the said provision have been committed with respect to a document after it has been produced or given in evidence in a proceeding in any court i.e. during the time..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Version in conflict with public document sought to be deleted so as to bring the earlier statements in conformity with the documents - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 6 -- Deficiency of stamp duty of a document - Objection as to - Must be taken when the document is tendered in evidence and such objection must be judicially determined before it is marked as exhibit...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 6 -- Document inadmissible in evidence - Object as to - Document can be admitted at any stage of the suit reserving decision on question until final judgment in the case...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 6 -- Proof of document - Object as to - Objection relating to the proof of document of which admissibility is not in dispute must be taken and judicially determined when it is marked as exhibit...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, Civil Procedure Code, 1908, Order 18, Rule 4 -- Admissibility and/or proof of document - Objection as to - Must be decided at the stage it arises...........
Civil Procedure Code, 1908, Order 13, Rule 4, 6 -- Exhibiting a document - Permissible only when document is admissible in evidence - In case it is found to be not admissible, the same is to be rejected...........
