Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Evidence Act, 1872, Section 91, 92 -- Scope - Provisions of Ss.91, 92 supplement each other - S.91 CPC applies to all documents, whether they purport to dispose of rights or not, whereas S.92 CPC applies to documents which can be described as disposing of right - S.91 CPC applies to documents which could be bilateral or unilateral, but the application of S.92 CPC is..........
Evidence Act, 1872, Section 91, 92 -- Scope - Provisions of Ss.91, 92 supplement each other - S.91 CPC applies to all documents, whether they purport to dispose of rights or not, whereas S.92 CPC applies to documents which can be described as disposing of right - S.91 CPC applies to documents which could be bilateral or unilateral, but the application of S.92 CPC is..........
Evidence Act, 1872, Section 120 -- Examination of husband, to give evidence, in place and instead of his wife or vice versa is permissible even in the absence of a written contract - Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse...........
Evidence Act, 1872, Section 120 -- Examination of husband, to give evidence, in place and instead of his wife or vice versa is permissible even in the absence of a written contract - Such a witness is entitled to depose not only the facts within his/her knowledge but also within the knowledge of his/her spouse...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land can only be claimed as a customary right and it cannot be treated as an easmentary right - In order to prove the customary right, the plaintiffs must produce cogent evidence to establish that they have been enjoying such a right from time immemorial...........
Easements Act, 1882, Section 15 -- Easement - Right to fetch water from third party land - Oral evidence led by plaintiff with regard to right to fetch water is not sufficient to come to conclusion that plaintiffs have been exercising the said right from time immemorial without any interruption - Defendants purchased the property in question and in his sale deed there was..........
Adverse possession -- To be specifically pleaded and meticulously proved by cogent evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are barred from producing additional evidence at writ appeal stage, whether oral or documentary except under circumstances postulated in O.41.R.27 CPC...........
