Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Provisions of O.11.Rr.12 & 14 are independent to each other - Power as envisaged U.O.11.R.14 is wider than that as mentioned in Rule 12 but before exercise of power U.O.11.R.14, Court has to exercise its discretion while examining expediency, justness and relevancy of the document to the matter in question...........
Criminal Procedure Code, 1973, Section 216 -- Alteration/addition of charge - Allegations of mental cruelty u/s 498-A IPC - Period of cruelty confined before she was sent to parental home from matrimonial home - Application for alteration of charge that extent of period of cruelty continued even after she was sent at her parental home, on the basis of some notice produced..........
Will -- Suspicious circumstances - Merely because executor of Will has also executed a general power of attorney in favour of her grand son does not make the Will suspicious document...........
Will -- Suspicious circumstances - Unregistered - Will executed on 14.10.1985, whereas executor died on 16.06.1987 - Held, although, registration of will is not compulsory but since executant had got registered first will executed by him, fact that later will set up by defendant No.1 was not got registered makes it a suspicious document - Deceased executor had sufficient..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause contained in an independent document - Becomes an arbitration agreement only when reference is such as to make the arbitration clause in such document, a part of the contract - However, reference to the document in the contract should be such that shows the intention to..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Arbitration clause contained in another document - Reference to another document and incorporation of another document - Difference - In the former parties intend to adopt only specific portions or part of the referred document in contract and in the second case parties intend to incorporate..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Clause in a separate document - When reference to a document in a contract shows that document was not intended to be incorporated in entirety, then the reference will not make the arbitration clause in the document, a part of the contract, unless there is a special reference to the arbitration..........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - Clause in a separate document - Reference of that document in contract - To make the arbitration clause referred in that document a contract the reference should be a special reference indicating a mutual intention to incorporate the arbitration clause from another document into the contract...........
Arbitration and Conciliation Act, 1996, Section 7(5) -- Arbitration agreement - No clause in contract but contained in an independent document - Law as to when it becomes an arbitration agreement - Summarized - (i) An arbitration clause in another document, would get incorporated into a contract by reference, if the following conditions are fulfilled : (a) The contract..........
Evidence Act, 1872, Section 62 -- Primary and secondary evidence - Dehatinalishi, on basis of which FIR was lodged is a very faint photocopy - Held, it is not a primary piece of evidence - Merely because this document has been exhibited by itself is no ground to hold it to be a primary evidence because it does not come under the ambit and sweep of S.62 of the Evidence Act...........
