Civil Procedure Code, 1908, Order 18, Rule 4 -- Examination-in-chief - Affidavit in lieu of - Irrelevant evidence - Held, Court cannot permit the party to lead an irrelevant evidence or evidence not related to issue even in affidavit filed by way of examination in chief in lieu of oral evidence - O.18.R.4 in has to be r/w O.18.R.2 which clearly provides that evidence has..........
Civil Procedure Code, 1908, Section 13(b) -- Foreign judgment - An ex parte foreign judgment without discussion of any oral or documentary evidence is not a judgment on merits as provided in S.13(b) of the Code...........
Family settlement - - Oral partition - There is no prohibition under law for members of a family to partition the property orally - Partition does not result in transfer within the definition of `transfer' under Transfer of Property Act and it is specifically excluded - Therefore, oral adjustment of rights through partition does not require to be written at all...........
Family settlement - - Partition - If a partition is brought about through an instrument which contains the bargain between parties, it is required to be written on appropriate stamp papers and duly registered - On the other hand, if partition is oral and a list is prepared as a fait accompli, then such an instrument, which is in the nature of an acknowledgement of an oral..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Report of refusal - Process server did not know defendant personally - Witness who identified defendant not examined - It is quite possible that plaintiff might have procured the report of refusal by presenting somebody else as defendant - No person from the village examined to depict that..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Objectors claiming to be tenants of erstwhile decree holder - Objections have to be decided by the Executing Court which has jurisdiction to decide such questions - Executing Court cannot deny an opportunity to the obstructor to lead oral or documentary evidence for the purpose of..........
Evidence Act, 1872, Section 114, 91 -- Assessment of income tax returns - Presumption of truth is attached to them though it is rebuttable - Presumption cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face of documentary evidence, oral evidence is normally excluded from consideration - In the absence of nothing to disprove the income tax..........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Assessment of income on the basis of income tax returns - Income tax returns that have been produced are documents of assessments by the income tax authorities - Presumption of truth attaches to them though it is rebuttable but it cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face..........
Evidence Act, 1872, Section 92 -Once the contents of the document are clear, oral evidence to contradict the same cannot be adduced...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Nature of tenancy - Evidence of - Held, tenancy can be written as well as oral - For ascertaining nature of tenancy, dimensions of rented premises and other terms of tenancy, primary evidence is rent deed or instrument of tenancy - In present case, besides rent deeds, appellants have also not produced any rent..........
