Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.4 lacs - No document produced in support of loan amount - Held, this in itself is insufficient to displace the presumption available to the complainant...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional Evidence at Appellate stage - Appeal againsts Award by Reference Court - Application to adduce `Aks Sajra' as additional evidence - Revenue document - Authenticity not disputed - Permitted to produce as additional evidence...........
Registration Act, 1908, Section 58(1)(c), 60 -- Registered document - Consideration - Endorsement of Sub Registrar - Held, as a matter of rule it cannot be laid down that merely because the endorsement had been made by the Sub Registrar, necessarily it is to be inferred that a mortgage deed is supported by consideration...........
Transfer of Property Act, 1882, Section 58, Registration Act, 1908, Section 58, 60 -- Mortgage deed or deed executed by way of security - Endorsement of Sub Registrar as to passing of consideration not rebutted - Inspite of the sufficient gap of time in between the registration of document and filing of suit no steps taken either to get the document cancelled or to bring..........
Right to Information Act, 2005, Section 6, 8(1)(d), 11 -- Tender by Govt. - Experience certificate issued by one company in favour of successful bidder was challenged - Every person who was not a tenderer nor participated in bid has right to get information about the documents filed by various bidders - Once tenders are invited by public authority and on the basis of..........
Stamp Act, 1899, Section 2(11) -- Duly stamped - A document in order to get its proper legal recognition is required to be properly stamped according to the provisions of the Stamp Act...........
Stamp Act, 1899, Section 38(1), 33, Civil Procedure Code, 1908, Order 13, Rule 3, 4 -- Duly stamped - Document tendered in evidence - Objection raised by other party that document is insufficiently stamped - Court assumes jurisdiction to impound the document - Duty of Court to assess the duty and penalty - Option is with the party either to accept the assessment made by..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Compromise deed - Xerox copy filed - Loss of original document - Existence and loss of original can only be determined when an opportunity is provided to the concerned party to lead evidence to that effect - It is only after providing an opportunity to lead secondary evidence that Court can form its opinion regarding..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Document sought to be produced essential for just and proper adjudication of the case - Evidence which otherwise is material cannot be shut only due to some delay in moving application for additional evidence - Application for additional evidence allowed...........
Will -- Scribe - Attesting witness - Scribe of Will can be an attesting witness only if apart from having seen the document executed and having put his signature on the document in the presence of testator, he also signed the document as a witness - Scribe can be branded as attesting witness only if he intends to sign the document as an attesting witness...........
