Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Plaintiff claimed that suit land and temple constructed thereon belongs to their family - However, no document of title was relied upon by plaintiff to establish his claim - As per revenue record ancestors of plaintiff only shown as Manager - Even revenue entry was not individually..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Loss of document - Failure or success to prove existence of documents or its loss cannot be pre-determined and that too without providing opportunity - It is only after providing an opportunity to lead secondary evidenced that trial Court can form its opinion regarding existence of documents and circumstances..........
Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - There is presumption which attaches to correctness of endorsement made on document by Registrar`s office - Thus, it cannot be said that defendant was ignorant about contents of agreement when it was executed...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Change of mutation in the name of defendant is a formidable circumstance to show that document in question is a sale deed conveying absolute right and title to defendant...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant acquired absolute right..........
Punjab Courts Act, 1918, Section 41 - - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an inaccurate document if translation and..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Proof and relevancy of document is different from marking of the same...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Whether contents of document go to prove delivery of possession of property to plaintiff or not is an aspect, which has to be gone into while appreciating aspect of proof of document...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Demarking of document - Agreement to sell filed along with plaint - Defendant does not take any objection with regard to said document either in his written statement or at the time of its marking - Application rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 350 gms Charas - Non-compliance of provision of S.50 of the Act - Neither in recovery memo nor in complaint it is mentioned anywhere that accused was informed by search team about his right of being searched before a Magistrate or a Gazetted Officer - Statements of witnesses given during..........
