Civil Procedure Code, 1908, Order 18, Rule 17 -- A - Additional evidence - Case fixed for arguments - Document by way of additional evidence sought to be produced consisted of Jamabandi for the years 1924 to 1937 along with Khatoni istemal, Naqsha Haqdar - war, Khatoni Pamayish and Mutation of inheritance - Documents 30 years old - Documents form part of public record and..........
Evidence Act, 1872, Section 92 -- Registered document - Once the terms of an agreement between the parties is reduced into writing and duly registered, Court cannot look into oral evidence for that purpose...........
Promissory note -- Insufficiently stamped - Proposition of law that once document is marked in evidence, no objection can be raised later on about insufficiency of stamp on document, not applicable in the case of promissory note...........
Evidence Act, 1872, Section 61 -- Document - Admissibility - Photo copy is not admissible...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Opinion - Being an experiential opinion, it must always be received with great caution - To act upon, it must be corroborated either by clear direct evidence or by clinching substantial evidence - When the execution of a disputed document is witnessed by independent witnesses, it is not necessary to rely on the opinion..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Partition deed - Alleged to be in possession of plaintiff - Plaintiff denied its possession - Inspite of denial petition allowed - Failure to produce - Held, unless there is an order for discovery and inspection of any document and unless there is a wilful attempt to disregard such an order of Court, O.11.R.21 CPC is not..........
Pronote -- Mere acknowledgment of receipt of money does not constitute a document as promissory note - Promissory note should contain acknowledgment of receipt of a specified sum by the receiver with an unconditional undertaking to repay the same. (Negotiable Instruments Act, 1881, S.4)..........
Evidence Act, 1872, Section 92 -- Proviso (2) - Document - Proof - Intention of parties - Can be gathered by Court by admitting and going into oral or other evidence...........
Will -- Nature - Document clearly showing intention of executant to construct Dharmshala in order to perpetuate his name and names of his family members - He wanted that after his death trustees appointed to complete Dharmshala and manage it - Held, document is Will...........
Will -- Execution - Proof - Nothing in statement of witnesses showing that both attesting witnesses had signed in presence of executant - Also, nothing in his statement showing that executant signed document before witnesses - Essential ingredient of proof of attestation is missing...........
