Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Agreement to sell - Stamp duty on a document is payable to authorities concerned i.e Collector of concerned area - Nothing on record has been produced before Court that stamp duty paid by plaintiff is not in accordance with law or is deficient in any manner even as of now - Imposition of penalty is within the..........
Agreement to sell -- Specific performance - Plea that while taking loan from plaintiff some blank papers were signed - No document on record to show of taking loan - Contention rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Dispossession during pendency of suit - Dismissal of application on the round that no document has been filed to show dispossession - Such jurisdiction is to be exercised by trial Court after recording evidence - Amendment allowed. (Paras 8 & 9 (ii) Civil Procedure Code, 1908, O.6.R.17 - Amendment of..........
Indian Penal Code, 1860, Section 471, 464, 470 -- Forged document - Unless document is false and forged in terms of Ss.464, 470 IPC respectively, requirement of S.471 IPC would not be met...........
Document -- Interpretation - When there is some ambiguity or contradiction in covenants of a deed, it is open to a Court to interpret words used in the deed with the help of extrinsic evidence and surrounding circumstances...........
Document -- Attestation by Notary public - Whether the document is Will or confirmation of act of gifting away property, same was not required to be executed before a Notary public...........
Document -- Will or deed confirming oral gift - Deceased husband transferred his self acquired property in favour of his wife so as to ensure her financial and social security - He was issueless and his wife/defendant no.1 has taken care of him till he breathed his last - Contents of document clearly indicates that husband had gifted property in favour of his wife - Said..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that wife was beaten up both physically and mentally on demand of dowry - However, no medical document to substantiate fact of injury on complainant - None of PWs deposed that filthy languages uttered by accused to cause mental torture on complainant - Delay in lodging complaint remained unexplained - No..........
