Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 13 kg. - There was delay of 21 days in sending sample to CFSL - No explanation - Independent witness not joined by IO in investigation - In case they refused to join investigation there names should have been recorded either in the case diary or in the document prepared at the time..........
Stamp Act, 1899, Section 33(1) -- Impounding of a document - The use of the words `shall' in S.33(1) shows that there is no discretion in the authority mentioned in S.33(1) to impound the document or not - It is mandatory to impound a document produced before him if it is not duly stamped - He cannot return the document if the party does not want to get it stamped...........
Civil Procedure Code, 1908, Order 20, Rule 4 -- Judgment to be self contained document - Judgment should be self contained document from which it should appear as to what were the facts of the case and what was the controversy which was tried to be settled by Court and in what manner - Process of reasoning should be reflected clearly in the judgment by which the Court came..........
Evidence Act, 1872, Section 45, 73 -- Disputed signatures - Expert opinion - Court itself can compare the disputed signatures with admitted signatures or it can take the aid of handwriting expert - Original documents cannot be sent to handwriting experts and proper procedure is to permit the handwriting expert to inspect the document in Court premises itself and if..........
Registration Act, 1908, Section 17 -- Unregistered deed requiring compulsory registration - Admission therein - Held, an admission in unregistered document, which amounted to declaration of title in the property cannot be used in evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Mere marking a document as an exhibit does not dispense with its proof...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - In absence of any plausible reason to file additional document by appellant, application deserves to be rejected...........
Registration Act, 1908, Section 17, 49 -- Partnership firm - Dissolution - Property of firm vesting in one partner who held in on his highest bid - Held, document cannot be said to be sale deed as it is arrangement between the partners in regard to the partnership property on dissolution or otherwise as such is not required to be registered...........
Stamp paper -- There is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution, being used for a document...........
Stamp Act, 1899, Section 54 -- Stamp paper - More than six months old - Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper - S.54 Stamp Act merely provides for refund of value of unused stamp paper and not for use of the stamp paper - There is no impediment for a stamp paper purchased more than six months prior to the proposed date of execution,..........
