Unclean hands -- A litigant who approaches the Court, is bound to produce all the documents executed by him which are relevant to the litigation - If he withholds a vital document in order to gain advantage on the other side, then he would be guilty of playing fraud on the Court as well as on the opposite party - A judgment and decree obtained by fraud does not operate as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For grant of temporary injunction Court can refer to documents which are produced on record without formal proof - Court has to consider the material on record in its entirety - Affidavits which are filed on record have to be read in consonance with the pleadings of the plaint, pleadings of the..........
Deeds and documents -- In the event the document is vague, the same must be construed having regard to the surroundings and/or attending circumstances...........
Deeds and documents -- Nature of the document plays an important part for construction thereof...........
Indian Penal Code, 1860, Section 467 -- Forgery - Essential ingredients are : (1) the document in question so forged; (2) the accused who forged it; (3) the document is one of the kinds enumerated in the aforementioned section...........
Stamp Act, 1899, Section 33, 35, 37, Evidence Act, 1872, Section 63 -- Insufficiently stamped document - Original lost - Copy of same cannot be validated by impounding and the same cannot be admitted as secondary evidence under the Indian Stamp Act, 1899...........
Stamp Act, 1899, Section 33, 35, 37 -- Insufficiently stamped document - Original lost - Photocopy produced - Photocopy cannot be impounded - It is only the original which can be impounded...........
Stamp Act, 1899, Section 48B -- Insufficiently stamped document - When noticed from copy of any instrument - Collector may call for the original document for inspection, and on failure o produce the original instrument can presume that proper stamp duty is not paid on the original document and thus recover the same from the person concerned - Step for recovery of adequate..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for development of education city - Acquistion challenged on the ground - (i) Petitioner already running school on the land acquired, (ii) Existance of Shiv Mandir, telephone tower, Samadhi etc. - No document on record to suggest the setting up of school - Existence of structures cannot be a ground to quash..........
Industrial Disputes Act, 1947, Section 25F , 11 -- Burden of proof - Adverse inference - Held that onus to prove that a workman had worked for a period of 240 days, lies on the workman - The workman had not only stated so in his statement of claim, affidavit and his evidence, but had also filed an application under Section 11 of the Act, requesting the Labour Court to..........
