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High Court of Karnataka Quashes Trial Court Order Rejecting Agreement of Sale in Specific Performance Suit — Document Admissible Without Formal Proof Under Section 294 CrPC. Objection to admissibility of document must be raised at time of marking; failure to object results in waiver.

The petitioners (plaintiffs) filed a suit for specific performance of an agreement of sale against the respondents (defendants). During trial, the pla...

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High Court of Karnataka Allows Writ Petition Challenging Order Holding Registered Sale Deeds Inadmissible for Want of Stamp Duty. Documents Executed by Maharaja of Mysore Are Exempt from Stamp Duty Under Article 294 of the Constitution of India, and Therefore Cannot Be Rejected as Inadmissible.

The petitioner, plaintiff in O.S.No.1963/2002 seeking a possessory decree, challenged the order dated 21.07.2017 passed by the XXXI Addl. City Civil J...

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High Court of Karnataka Allows Writ Petition Challenging Rejection of Sale Deeds as Inadmissible for Want of Stamp Duty — Held that Documents Executed by Sovereign Ruler Are Exempt from Stamp Duty Under Article 363 of the Constitution and Section 3 of the Karnataka Stamp Act, 1957

The petitioner, H H Jyotendra Sinhji Vikramsinhji, represented by his power of attorney holder Girish, filed a writ petition under Articles 226 and 22...

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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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Bombay High Court Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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High Court of Karnataka Quashes Trial Court Order Rejecting Documents in Civil Suit — Defendant's Right to Produce Evidence Upheld. Trial Court's Order Rejecting Documents as Inadmissible Without Proper Application of Mind Set Aside; Matter Remanded for Fresh Consideration Under Order 13 Rule 3 CPC.

The petitioner, M/s. Mahesh & Associates, a registered partnership firm, was the defendant in O.S. No.6141/2015 pending before the LVIII Additional Ci...

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Bombay High Court Dismisses Notice of Motion in Admiralty Suit — Commissioner to Record Objections for Court Determination at Trial. Admissibility of Documents Not to Be Decided at Interlocutory Stage Under Order 18 CPC.

The plaintiffs, Oil and Natural Gas Corporation Ltd., filed an admiralty suit for recovery of Rs.8,39,14,843/- plus US $45,26,707.88 and US $12,340 wi...