Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Once there is no objection to the demarcation report, same is to be taken as concededly accepted...........
Civil Procedure Code, 1908, Order 13, Rule 7 -- Document not properly stamped - Objection as to admissibility of document - Can be raised at a later stage, though no such objection was raised during trial - Since no stamp duty and penalty were paid, the said document is directed to be de-exhibited from the record...........
Agreement to sell -- Specific performance - Plea of ancestral property - No specific plea to the effect that suit property was ancestral property was taken by defendant - On the other hand defendant styled himself as absolute owner and possessor of suit property - Two sons of defendant who signed the agreement to sell as attestors did not raise an objection for execution..........
Indian Penal Code, 1860, Section 365, 302, 34, 201 -- Abduction - Murder - Circumstantial evidence - Last seen evidence - Wife of deceased PW3, is the witness of last seen evidence - She stated that accused forcibly took her husband on motor cycle - However, no objection was made by PW3 nor she cried or came for rescue of deceased nor any request was made by her to accused..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Challenge on grounds as falsely implicated and non application of mind - Objection can be raised at threshold..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Jammu and Kashmir Prevention of Corruption Act, 2006, Section 5(1)(d), 5(2), 6, Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act, 2001, Section 17 -- Sanction for prosecution - Distinction between lack of sanction and invalidity of sanction order - Prosecution is required to prove and..........
Succession Act, 1925, Section 278, 372 -- Letters of administration - Grant of - Will - Daughter-i, law/plaintiff of testator is the sole beneficiary under Will - Attesting witnesses of Will proved due execution of Will, as they signed the Will in the presence of testator - Testator proved to be in sound disposing state of mind at the time of execution of Will - Testator..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document should be raised by party so objecting before endorsement is made and Court is obliged to consider said objection, form its opinion and record same which is followed by and endorsement thereon with regard to document being admitted or not in..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6 -- Admissibility of document - Once document has been endorsed as admitted and exhibited in terms of R.4 in exercise of its powers u/R.6 of CPC it would not be possible to de-exhibit same and therefore Court is obliged to take decision on objection raised by either of parties at that stage itself - There is provision enabling..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document in evidence may be classified into three categories are : (i) An objection with regard to there being insufficiently stamped documents i.e. there is deficiency in stamp duty of documents; (ii) would be where admissibility of document is not..........
