Civil Procedure Code, 1908, Section 92, Order 7, Rule 11 -- Leave of Court - Notice to defendant - As a rule of caution, Court should normally give notice to the defendants before granting leave to institute a suit under the said section but the Court is not bound to do so - If a suit is instituted on the basis of such leave, granted without notice to the defendants, the..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
Indian Penal Code, 1860, Section 193, Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Supreme Court cannot under Article 142 convict an accused for an offence u/s 193 without following procedure prescribed u/s 195 r/w S.340 Cr.P.C. - Procedure prescribed under Section 195 r/w S.340 Cr.P.C. should be followed for prosecution of offence under S.193 IPC...........
Evidence Act, 1872, Section 154 -- Hostile witness - When a witness by his conduct, attitude, demeanour or unwillingness to give answer or to disclose the truth shows that he is hostile or friendly to the party calling him he can be declared a hostile witness - A distinction must be drawn between a true witness and a hostile witness - Giving unfavorable testimony cannot..........
Transfer of Property Act, 1882, Section 55(6)(b), Limitation Act, 1963, Article 62 -- Buyer's right - Time limit for enforcement - Period of limitation for enforcement of statutory charge created under Section 55(6)(b) is 12 years from date when became due - Period remains the same even for enforcement of the charge on substituted security...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Under certificate of posting - A notice to quit sent by ordinary post is as valid as one sent under the registered post - Section 106 of the TPA does not provide that notice of termination of tenancy should be sent by registered post - There is a..........
Tape recorded conversation -- Is a relevant fact and is admissible under Section 7 of Evidence Act - If voice is denied by maker thereof, Court can allow the voice of maker to be recorded for purpose of identification of his earlier recorded voice. (Evidence Act, 1872, S.7)...........
Evidence Act, 1872, Section 34, 65 -- Private extracts of accounts (not of Bankers' Books Evidence Act, 1891) i.e. privately handwritten copies of account books - Not admissible - Cannot by themselves be treated as secondary evidence unless proper foundation laid for adducing secondary evidence under Section 65 or other provisions...........
Evidence Act, 1872, Section 68, 65(a) -- Proof of registered mortgage deed - Execution not denied but contended that deed executed to circumvent Rent Control Legislation - Not necessary to call any attestor into witness box - Certified copy filed of registered mortgage deed and defendant when called upon refused to file original - Mortgage deed stood proved by certified..........
Hindu Marriage act, 1955, Section 11, 16 -- Void marriage - Voidness stated in Section 11 is limited voidness and not a nullity...........
