Evidence Act, 1872, Section 74 -- Public document - Copy of charge sheet along with necessary documents cannot be said to be public documents as per S.74 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Suit is at the stage of recording of evidence of defendant - Relief of specific performance was sought in counter claim by way of amendment - Application for amendment filed after almost 5 years from filing of counter claim - No plausible explanation given by defendant for not claiming relief of..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Agreement to sell -- Specific performance - Plea that while taking loan from plaintiff some blank papers were signed - No document on record to show of taking loan - Contention rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Indian Penal Code, 1860, Section 471, 464, 470 -- Forged document - Unless document is false and forged in terms of Ss.464, 470 IPC respectively, requirement of S.471 IPC would not be met...........
Document -- Interpretation - When there is some ambiguity or contradiction in covenants of a deed, it is open to a Court to interpret words used in the deed with the help of extrinsic evidence and surrounding circumstances...........
Document -- Attestation by Notary public - Whether the document is Will or confirmation of act of gifting away property, same was not required to be executed before a Notary public...........
