Evidence Act, 1872, Section 9 -- Test Identification Parade (TIP) - Non-holding of TIP - If material on record sufficiently indicates that reasons for gaining an enduring impression of identity on mind and memory of witnesses are available on record, matter stands in a completely different perspective and in such cases even non-holding of TIP would not be fatal to..........
Evidence Act, 1872, Section 9, Indian Penal Code, 1860, Section 394, 396, 449 -- Test Identification Parade (TIP) - Dacoity - Incident occurred after mid night - Each of eye witnesses had suffered number of injuries, thus, every one of them had sufficient opportunity to observe accused to have an enduring impression of identity of assailants - Three eye witnesses seen..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
Agreement to sell -- Specific performance - Unregistered agreement to sell can be admitted in evidence in a suit for specific performance of such agreement...........
Agreement to sell -- Specific performance - Agreement to sell not properly stamped - Agreement can be admitted in evidence on payment of applicable stamp duty. (Stamp Act, 1899, S.35)..........
Rent and eviction -- Provisional rent - Contentious issues arising between parties - Same cannot be decided at the stage of deciding provisional rent - Evidence has to be led by parties to prove their case - Equities must be balanced at this stage - Rent Controller determined the provisional rent @Rs.7,50,000 pm and High Court confirmed the said order - However, tenant..........
Registration Act, 1908, Section 49 -- Proviso, Stamp Act, 1899, S.35 - Copy of Bahi Khata - Unregistered and insufficiently stamped - An unregistered document is admissible in evidence for collateral purposes - However, a document without payment of requisite stamp duty cannot be used in evidence, even for collateral purposes - Document be impounded and be sent to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application to lead secondary evidence to prove rent note was dismissed - Once tenant has taken a categoric stand that he had not been inducted as a tenant by father and husband of landlord question of leading evidence for production of rent note would not arise - It would amount to taking a..........
