Evidence Act, 1872, Section 45, 67 -- Expert opinion - Determination of age of ink - Difference in the ink of signatures and other writings of cheques in question admitted by plaintiff - No requirement for sending cheques for examination by expert for the purpose of determining age of ink - Application rightly rejected...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife living separately in her independent house acquired by her in her own name with her daughter, providing free access to husband to visit them - Neither wife living with her parents nor with her i, laws - Husband admitted his visiting wife and cohabited till..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the same...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Eviction suit - Striking off defence - Denial of existence of landlord and tenant relationship by tenant - Tenant may not be required to deposit amount admitted to be due at or before first hearing of suit but he would still be required to deposit monthly amount due within a week from the date of its accrual throughout the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Vague, general and unsubstantiated allegations of cruelty by husband against wife - No material on record to support such allegations of cruelty - Plea of wife on the contrary that husband not permitted her to matrimonial home is proved on record - Even forcible removal of child from wife..........
Evidence Act, 1872, Section 58 -- Admitted fact - When a judicial admission is made in the pleadings or in any document regarding a particular fact in issue, such fact need not be proved by adducing any evidence...........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii) -- Rape - Allegation that accused embraced prosecutrix, took her behind bushes and committed sexual intercourse - However, no alarm was raised by prosecutrix to seek help from other woman labourers who were working at distance of 60-70 steps -..........
Agreement to sell -- Specific performance - Endorsements for extension of date of registration of sale deed - Execution of agreement to sell and receipt of earnest money not disputed by defendant - Defendant received further money and executed endorsements for extension of date of registration of sale deed - Said endorsements are duly established from the statements of PW4..........
Specific Relief Act, 1963, Section 16(c) -- Specific performance - Readiness and willingness - Agreement admitted but plaintiffs failed to prove their readiness and willingness, as no explanation has come forth in filing suit so late, which is an essential ingredient of s.16(c) - No illegality and perversity in judgment and decree - Appeal dismissed...........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of landlord's title - Eviction suit - Tenant in his written statement though denied ownership of landlord but in his cross-examination admitted title of landlord - He further admitted that he used to pay rent in the name of father of landlord - Tenant without any doubt regarded plaintiffs/landlord as owners of suit..........
