Constitution of India, 1950, Article 32 -- Writ of mandamus - Seeking direction for respondent/Private Tour Operators to accept their application for registration - Grant of permission to take pilgrims for Hajj - Respondents are directed to make fresh applications with all necessary documents showing that they are duly registered and qualified operators - Concerned..........
Agreement to sell -- Specific performance - Gift deed - Successor-i, interest is always bound by any contractual documents entered into prior to execution of a gift deed transferring the property - Gift deed thus could not prevent plaintiff from seeking specific performance of agreement to sell...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be taken at the instance of parties concerned or suo motto by Court, if documents have the contents which would facilitate pronouncing of judgment in a more satisfactory, composite and holistic manner - However, Appellate Court can allow such evidence only after..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Acquisition proceedings - Applicant by way of additional evidence sought certain documents on the issue of land user of premises i.e whether it is residential or commercial - Said documents might have a bearing on final pronouncement, thus it cannot be rejected, merely on the ground..........
Will -- Suspicious circumstance - Thumb impression of testator - Plaintiffs contended that testator used to sign the documents in Urdu in his life time but Will bears his thumb impression, which renders Will doubtful - However, said fact is not proved on record as, testator suffered a mild paralysis in his right hand, due to this he was not in a position to properly sign..........
Deeds and documents -- Interpretation - Doubt to its true meaning - Extrinsic evidence to determine the effect of an instrument is permissible where there remains a doubt as to its true meaning - Evidence of the acts done under it is a guide to the intention of the parties, particularly when acts are done shortly after the date of instrument. (AIR 1950 SC 15 followed)...........
Criminal Procedure Code, 1973, Section 293 -- Proof of document - Documents admissible u/s 293 Cr.P.C., can be tendered in evidence by any person who is connected with document in the sense he has brought the document or sought for document in the absence of expert himself unless the Court deems fit to summon the expert...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - No issues need to be framed when they do not arise from the existing and admitting pleadings and documents...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New Plea - Present is not a case where it could be said that plaintiff has sought to introduce fresh/new plea in the replication, which does not find mention in the plaint as originally filed - Merely because plaintiff in his replication has extracted/quoted from the statements contained in documents filed along..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
