Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of specific performance - Out of Court settlement - Judgment-debtor should not have taken the risk of warding off a decree by an out of court settlement by a doubtful document - This fatal mistake has to be to his peril - No person of reasonable intelligence would accept such a defence against decree..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When amount was advanced on basis of personal relation, therefore, preparation of other documents was not required under law and cheque issued by accused is best document for showing liability of accused...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife was forced to leave matrimonial home on account of dowry demands and physical assault - Testimony of wife was supported by her complaint to CAW cell which was proved on record - She has no source of income and does not possess any movable and immovable property - Mere fact that wife having qualified..........
Evidence Act, 1872, Section 45, 73 -- Application for sending document to FSL - Plea in written statement that alleged document is concocted - Merely for this reason a document cannot be sent for examination by Forensic Science Laboratory (FSL) - It is always open for defendant to produce report of hand writing expert and lead evidence regarding allegations made in written..........
Registration Act, 1908, Section 17 -- Registration - Nature of document in question essentially is an agreement between parties to obtain a future document and same is for purchase of property and not for its transfer - Document thus, not liable to be registered...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Plaintiff sought declaration with regard to Will being a forged and fabricated document - There is omission with regard to framing of an issue with regard to declaration which will go to root of matter - Application rightly allowed - However, only one opportunity to lead evidence is granted to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitration - Arbitration agreement - Court at the outset to consider as to whether document is properly stamped or not - Even when an objection in that behalf is not raised, it is duty of Court to consider the issue - If Court comes to conclusion that instrument is not properly stamped, it should be impounded and..........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Deficiency of stamp duty - To be decided before proceeding further - However, in case evidence is required to determine nature of document, it is reasonable to defer admissibility of document for insufficient stamp duty at the time of final decision in the suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
