Stamp Act, 1899, Section 35, Registration Act, 1908, Section 17, 49 -- Document whether agreement to sell or sale deed - Recitals of document to be taken into consideration and not title of the document - Contents of document showing that it is a sale deed and not agreement to sell - Held, document is inadmissible in evidence for want of required stamp duty and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - A party seeking permission to produce secondary evidence regarding a document, is not required to prove the loss of document in absolute terms - Plaintiff not in a position to produce the document because the persons in whose possession the document could be found, are either dead or have denied the execution of the..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- On a document being exhibited, the party against (whom) it is being brought on record, is entitled to question it on the ground of it being inadmissible - However, it is not open to question as to mode of proof put forward that it was irregular or insufficient...........
Evidence Act, 1872, Section 101 -- Gift - Execution - Proof - Donor led prima facie proof of due execution then the onus shifts to the other party to prove that it is a forged document...........
Evidence Act, 1872, Section 65 -- Secondary Evidence - Agreement to sell - Sent by Court to Sub - Registrar for ascertaining value of suit property for impounding document and levying stamp duty and penalty - Docu-ment lost in Sub-Registrar's Office - Loss not attributable to party - Photostat copy of document may be received as secondary evidence subject to payment of..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - It is necessary that the documents must be relevant for determining the issues between the parties - It is immaterial that the documents are letters inter se between the officials of only one party to the suit...........
Succession Act, 1925, Section 276, Civil Procedure Code, 1908, Order 16, Rule 7 -- Probate proceedings - Application filed by one of the party with prayer to call for a document - Application can only be allowed when that document throws some light in to the case and is in possession of a person who is a party to case...........
Court Fees Act, 1870, Section 7(iv), Article 1 -- Sale deed executed by attorney - Suit for declaration to set aside sale alleging power of attorney a forged document - Court fee is payable ad-valorem on sale consideration - Where the suit is for cancellation of a document to which plaintiff is a party court fee is payable under Article I Schedule I and S.7(iv) is not..........
Court Fees Act, 1870, Section 7(iv)(c) -- Art.1 - Schedule I - Suit for cancellation of document or declaring document voidable by a party to document relating to agricultural land - Governed by Article 1 Schedule I - Not governed by S.7(iv)(c) - Suit virtually for cancellation of sale-deed executed by plaintiff - Declaration that sale-deed got executed as a result of..........
Punjab Land Revenue Act, 1887, Section 34, 35, 36, 37 -- Mutation - Registered document - Proper forum for challenging genuineness or otherwise of registered document - Civil Court - Party challenging validity of such document - Should go to Civil Court...........
