Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Will -- Registration - Mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness...........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - It should be self contained document from which it should appear as to what were facts of the case and what was controversy which was tried to be settled by Court and in what manner - Process of reasoning by which Court came to ultimate conclusion and decreed the suit should be reflected clearly in the judgment...........
Evidence Act, 1872, Section 45 -- Expert opinion - Mere delay or laches on the part of plaintiffs in filing application cannot be a sole ground to reject the request, particularly when Court finds that it is essential to send the document for examination by expert - Application for expert opinion can be entertained even at a belated stage...........
Evidence Act, 1872, Section 76, 65 -- Certified copy of public document - To be provided on demand - It is to be provided with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title - Such copies so..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Except the oral testimony, plaintiff has failed to prove any document to prove her possession on suit property - On the other hand in jamabandis defendant has been shown as owner in possession - Dismissal of suit calls for no interference...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - To take possession of suit property and manage the same - Trial Court dismissed the application by holding that plaintiff neither choose to adduce any oral evidence nor marked any supportive document - It was argued that respondents were involved in acts of waste and mismanagement and that trial..........
Evidence Act, 1872, Section 45 -- Expert opinion - Of private expert - FSL view, to whom the document was sent for opinion, opined that necessary comparison would not be possible unless further documents containing signatures of deceased are placed before FSL - Sending documents again to a private expert would not serve any purpose - Application rightly dismissed...........
