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Showing posts from September, 2019

Petition to amend prayer to include prayer for declaring the sale deed as null and void- post trial amendment., petitioner is not a party to the document, court fee paid under section 25(d) is correct.

Petition filed seeking to amend valuation of court fee when matter posted for judgment-Additional relief of declaration-allowed

Certified copy of public document is admissible in evidence without being proved by calling witness

xerox copy of documents is admissible as secondary evidence if original court record is destroyed

Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. If the court finds at the final stage that the objection so raised is sustainable the judge or magistrate can keep such evidence excluded from consideration. There is no illegality in adopting such a course. (However, it is made clear that if the objection relates to deficiency of stamp duty of a document the court has to decide the objection before proceeding further

Section 138 NI Act: Legal Heirs Of Deceased Convict Can Challenge Conviction [M. Abbas Haji vs. T.N. Channakeshava]

secondary evidence admissible only in the absence of primary evidence when proper explanation of its absence is given.

If inheritance opened in specified year, Plaintiff-Appellant could not succeed to property of her husband on account of disqualification on ground of unchastity - widow not entitled to partition.

Under Rule 127 of C.R.P. the certificate copy can be obtained without being marked as on exhibit. Hence certificate copy may be issued.

plaint can not be rejected as barred by limitation - Suit for cancellation of deeds can be filed on the date of knowledge of the sale deed

After remarriage of the deceased widow, it was held that the widow of deceased is not entitled to claim the sum assured, hence the assured sum was directed to be paid the nominee of lic policy

The succession was opened in the year 1968 - the Amendment Act 39 of 2005 would have no application to the facts of the case

Father Death before 1989 - Unmarried daughter, cannot claim to be a coparcener in the same manner as a son as on the date of coming into force of the Amendment Act.

Purchaser of undivided interest of a coparcener cannot claim to be in joint possession of that property with all other coparceners - joint decree holder to execute a decree in its entirety, but if whole of the decree cannot be executed

The property in the hands of father allotted to him in partition was a separate property till the birth of the son

Rent Controller's Power To Strike Out Defence Of Tenant On Failure To Pay Rent Is Discretionary: SC

police-cannot-attach-immovable-property-under-sec102-crpc-during-investigation-sc