Evidence Act, 1872, Section 92 -- Proviso (4) - Contract - If not required by law to be reduced in writing but such a contract has been reduced in writing or it is oral then it is open to the parties to modify its terms and even substitute new oral contract then oral evidence can be let into prove that earlier contract or agreement has been modified or substituted by new..........
Civil Procedure Code, 1908, Section 105 -- Accepting or rejecting a document - Order as to - Not appealable - If an appeal is not provided, then such an order can be challenged in an appeal which is filed against the final judgment and decree - Finding that in absence of a revision challenging correctness of order passed by trial Court it would not be open to appellate..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Preventive detention - Validity - Non supply of document - Document relied for the purpose of coming to the conclusion about involvement of detenu in smuggling activities, not supplied to detenu - Non supply of such document affect the rights of making an effective..........
Indian Penal Code, 1860, Section 418, 467, 120B -- Adoption - Dispute as to - Adoption deed alleged to be manipulated - Author of document cannot himself forge a document - Question relates only to validity of adoption - Order taking cognizance set aside as being an abuse of process of Court...........
Evidence Act, 1872, Section 111, 101, 102, 103, 104 -- Validity of transactions between persons standing in a confidential relation to each other - Very material to see whether person conferring a benefit on the other had competent and independent advice - Age or capacity of person conferring the benefit and the nature of the benefit - Of very great importance in such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Will - Validity of - Both the courts below concurrently held the Will in question to be a valid document - It being a concurrent finding of fact cannot be interfered with in second appeal...........
Registration Act, 1908, Section 71 -- Registration of document - Sub Registrar has no authority to entertain objections and examine rival claims - Validity of registered document can be questioned in Court in appropriate proceedings and not before Sub Registrar...........
Evidence Act, 1872, Section 90 -- Documents 30 years old - Presumption as to its due execution and attestation to be drawn - Party who opposes such presumption has to disprove it - If he fails in the attempt to disprove, nothing remains to be done and the Court shall have to presume the proof and validity of the document - In case party opposing disproves by convincing..........
Transfer of Property Act, 1882, Section 54, Transfer of Property Act, 1882, Section 54 -- Sale deed - Validity - Non production of voucher documents mentioned in the sale deed - May raise a suspicion as regards its validity but not a ground to reject the same as invalid - Document cannot be set aside on the basis of mere suspicion, however strong it may be, without..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 34 -- Forgery - Common intention - Quashing of summoning order - Validity - Complaint specifically alleged that all three accused had in a sense together forged document which was presented in Court - Held, High Court not justified in quashing order summoning accused Nos. 1 and 3 - Impugned..........
