Evidence Act, 1872, Section 92 -- Proviso - Scope - Oral evidence - First proviso to S.92 permits any fact which may prove which would invalidate any document such as fraud, intimidation, illegality, want of due execution can be led into evidence...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Plea that document was never intended to be acted upon and document is a sham - Such question arises when one party asserts that there has been a different transaction altogether than what is recorded in the document - It is for that purpose oral evidence is admissible...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After closure of plaintiff's evidence - Defendants by way of amendment wanted to take plea of adverse possession on the strength of defective title by way of oral sale - Amendments sought by defendants and allowed by trial Court will not change the nature and character of suit - Admission of..........
Service -- Misconduct - Dismissal from service - Petitioner fired from his service revolver on his higher officers - Appellants were given opportunity to produce registers of entrustment of Self Loaded Rifle to petitioner - But, record was not available being old record as incident is of the year 1993 - Enquiry was initiated in 2013 after acquittal of petitioner from..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - Findings of first appellate Court - High Court reversed the findings of first appellate Court after recording sound and convincing reasons - Appreciation of evidence by first appellate Court was on basis of it having overlooked material facts, such as appreciation of documentary and oral evidence led before..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issuance of Commission - Commissioner appointed before filing of written statement - Defendant disputed the identity of property in written statement - No prejudice will be caused to the defendant, in the re-issuance of Commission - Report of Commissioner may be of use to decide the issue in the suit and to avoid lengthy..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
Evidence Act, 1872, Section 91, 92 -- Exclusion of oral evidence - Relinquishment deed - Defendant given up his rights in suit property in favour of his father/plaintiff - Alleged oral assurance which father is stated to have given in favour of both of his sons, would not hold any value in the face of a registered relinquishment deed and is contrary to written text of..........
