Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - S.149 CPC confers discretion upon Court to allow a person to pay deficient Court fees at any stage - Once Courts exercises such a discretion and payment of Court fee is made in accordance with said decision, document u/s 149 CPC shall have same force and effect as if such fee had been paid in first..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale or mortgage by way of conditional sale - Document in question shows that property was agreed to be sold absolutely for a total consideration of Rs.35,000 - Sale deed and re-conveyance agreement executed on same day - Transaction cannot be mortgage by way of conditional sale in view of S.58(c) of the Act - Intention..........
Revenue record -- Question as to whether document of title prevails or finally published record of rights - When a title holder permits the statutory authority to record a particular piece of property in the name of himself and his two brothers and statutory authority acted on such representation then such recording does not create a title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Court can look into disputed question of title in a suit for declaration based on document of title...........
Registration Act, 1908, Section 68 -- Cancellation of registered document - Power of Registrar - Registrar who registered document is not competent to cancel unilaterally registration of document by holding an enquiry relating to title...........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Destruction of agriculture produce stored in cold store - Liability of insurance company - Insurance company contended that some of agreements are not genuine - However, as long as parties to agreement i.e bank, cold store and farmers are not disputing correctness of agreement, there is no..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to comply with direction to answer interrogatories or for discovery or inspection of document - Power U.O.11.R.21 CPC is to be invoked only in three situations enumerated U.O.11.Rr.2, 12, 15 CPC and cannot be invoked in any other context...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Complainant capable to advance loan - Loan was advanced on basis of personal relations - Held, preparation of other documents not required and cheque issued by accused is the best document for showing his liability...........
