Representation of the Peoples Act, 1951, Section 100(1)(d), 123(8) -- Double voting - Improper reception of votes - Proof of - Held, ground of improper reception requires a candidate to show as to how election in so far as it concerns returned candidate was materially affected, in view of requirement of S.100(1)(d) of the Act - First respondent has stated that there were..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant when proceeded ex parte or when written statement not filed - Plaintiff has to make out a case against defendants impleaded in the suit for the relief claimed - They had to stand on their own legs - Court is duty bound to consider the pleadings and the evidence produced on record and consider the contentions in..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Unregistered document which otherwise requires registration - Held, unstamped or insufficiently stamped document cannot be admitted into evidence for any purpose including for collateral purpose...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Assessment of arrears of rent - Claim of `set off' - Tenant has claimed an amount on account of installation of tubewell, construction of service road connecting factory to the main road and for repair and paint of demised premises - Tenant cannot claim `set off' at the stage of assessment of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Registration Act, 1908, Section 17,49 -- Rent Deed - Registration - Rent note for a year or exceeding a year or reserving yearly rent requires registration and is not admissible in evidence, if it is not registered...........
Criminal Procedure Code, 1973, Section 173, 200 -- Investigation by police - Report to Magistrate - Cognizance of case - Held, at stage of taking cognizance or refusing to take cognizance, only prima facie case has to be seen by Court - Court will not enter into correctness of allegation levelled in FIR - However a complaint case requires an enquiry by Magistrate u/s 200..........
Civil Procedure Code, 1908, Order 41, Rule 27(1)(b) -- Additional evidence - If Court finds that the documents sought to be produced in additional evidence are relevant to decide the real issue in controversy and further the Court feels that interest of justice requires that the documents may be received and the kinds of documents are such, the authenticity of which..........
Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 11 -- Auction - Procedure to be followed - Held, if there was no approval, it cannot be merely a statement to be found in order but it is required to be done by a particular procedure which is referred to u/sub-cl. 11 - Said sub-cl. requires a communication of a rejection by Settlement Commissioner by a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Statement of accused u/s 313 Cr.P.C. - Document filed by accused - Not admissible in evidence unless proved - Held, without there being formal proof as contemplated under the provisions of Indian Evidence Act, no document filed by accused in his examination..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17 -- Lease - For a period in excess of 12 months - Requires compulsory registration - If the lease deed is not registered lease deed, then it is not possible to look at the document by which the relationship is created between the person in occupation and the original owner of the property...........
