Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
Stamp Act, 1899, Section 33 -- Impounding of document - Mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act...........
Stamp Act, 1899, Section 33 -- Impounding of document - U, registered agreement to sell - Can be sent for impounding as per S.33 of the Act, as mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act - Dismissal of application u/s 33 of the Act held, not proper - Trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
Specific Relief Act, 1963, Section 20(2)(c) -- Agreement to sell - Discretionary relief of specific performance - Once document entered was an agreement to sell and not a sham transaction, defendants can take no benefit of provision of S.20(2)(c) of the Act...........
Stamp Act, 1899, Section 38, 40 -- Insufficiently stamped document - Photocopy of document cannot be forwarded to Collector u/s 38 of the Act, as same does not fall within scope of S.2(14) of Stamp Act - It is only an original document that can be subject matter of an exercise in terms of S.38 of the Act...........
Evidence Act, 1872, Section 102 -- Burden of proof - Where specific plea is taken by plaintiff in respect of Will being fraudulent, then burden will be shifted upon defendants to prove document to be genuine...........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Plea of forgery and fabrication of gift deed - Plaintiffs not denied the execution of document but alleged forgery and fabrication - In absence of any evidence of any forgery or fabrication and in absence of specific denial of execution of gift deed, donee was under no obligation to examine one of..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - When document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of gift, by and/or on behalf of donee, is unexceptionable...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
