Evidence Act, 1872, Section 101, 102 -- Mere fact that a person signs the document as an attesting witness does not establish that he was aware of their contents - The burden of proving that he had such knowledge and was a consenting party to the transactions embodied in them lies upon the party who rely upon these documents...........
Registration Act, 1908, Section 17(1)(b) -- Partition deed - If the instrument itself effects partition, it is compulsory registrable - If it is not registered it is not admissible in evidence - If an instrument merely acknowledges prior partition, it is not compulsorily registrable - Partition effected through the document in question - Defendants themselves pleading in..........
Document -- Once a document is properly admitted, the contents of that document are also admitted in evidence though those contents may not be conclusive evidence...........
Family settlement -- Oral family settlement - Proof - Family settlement can be oral and also not required to be registered but transfer of immovable property of the value of more than Rs.100/- requires registration - In the instant case affidavit showing transfer of 4 Kanals of land in favour of brother - Affidavit not signed by the plaintiff, nor attested - Affidavit not..........
Evidence Act, 1872, Section 90 -- Registered document coming from the custody of a proper person and document 30 years old - There is presumption of its due execution and attestation - Document is admissible in evidence...........
Civil Procedure Code, 1908, Order 12, Rule 3-A -- Case posted for judgment after hearing arguments of the parties - Application U.O.12.R.3-A CPC to call upon the party to admit document - Held, no proceeding pending - Rejection of application is justified...........
Evidence Act, 1872, Section 67, 68, 69, 70, 71, 72, 73 -- Sale deed - Proof - Attesting witness or any other witness proving execution of sale deed not examined - Relevant register of Registration Authority also not produced - Mere marking of document as exhibit not sufficient to dispense with the proof - Sale deed is not proved...........
Service -- Departmental enquiry - Supply of document - Only relevant docu-ments are to be supplied to the deliquent-employee and not each and every document - It is the duty of the respondent to point out how each and every document is relevant to the changes - Equally, the Tribunal is also duty bound to record a finding whether any relevant documents were not supplied and..........
Evidence Act, 1872, Section 67 -- Proof of signature and handwriting- Before a document is looked into it has to be proved - Modes of proof of a document- Analysed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Dishonour of cheque -Genuineness disputed - Accused at the stage of defence evidence seeking to send the same to handwriting expert for his opinion - Held, the document can be sent to the handwriting expert for his opinion...........
