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1 - 10 of 27 (0.95 seconds)The Code of Civil Procedure, 1908
The Trade And Merchandise Marks Act, 1958
The Roman Catholic Mission vs State Of Madras And Another on 14 January, 1966
20. The learned counsel for the defendant-respondent has relied on Roman
Catholic Mission v. State of Madras in support of his submission that a
document not admissible in evidence, though brought on record, has to be
excluded from consideration. We do not have any dispute with the
proposition of law so laid down in the abovesaid case. However, the present
one is a case which calls for the correct position of law being made
precise. Ordinarily, an objection to the admissibility of evidence should
be taken when it is tendered and not subsequently. The objections as to
admissibility of documents in evidence may be classified into two classes:
Mrs. Chandnee Widya Vati Madden vs Dr. C. L. Katiai, & Others on 25 March, 1963
39. Furthermore, Section 20 of the Specific Relief Act confers a
discretionary jurisdiction upon the courts. Undoubtedly such a jurisdiction
cannot be refused to be exercised on whims and caprice; but when with
passage of time, the contract becomes frustrated or in some cases increase
in the price of land takes place, the same being relevant factors can be
taken into consideration for the said purpose. While refusing to exercise
their jurisdiction, the courts are not precluded from taking into
consideration the subsequent events. Only because the plaintiff-respondents
are ready and willing to perform their part of contract and even assuming
that the defendant was not entirely vigilant in protecting his rights in
the proceedings before the competent authority under the 1976 Act, the same
by itself would not mean that a decree for specific performance of contract
would automatically be granted. While considering the question as to
whether the discretionary jurisdiction should be exercised or not, the
orders of a competent authority must also be taken into consideration.
While the court upon passing a decree for specific performance of contract
is entitled to direct that the same shall be subject to the grant of
sanction by the authority concerned, as was the case in Chandnee Widya Vati
Madden v. Dr. C.L. Katial and Nirmala Anand v. Advent Corpn. (P) Ltd.; the
ratio laid down therein cannot be extended to a case where prayer for such
sanction had been prayed for and expressly rejected. On the face of such
order, which, as noticed hereinbefore, is required to be set aside by a
court in accordance with law, a decree for specific performance of contract
could not have been granted”.
Hpa International vs Bhagwandas Fateh Chand Daswani And ... on 13 July, 2004
26. Strong reliance has been placed by Mr Nageswara Rao on a decision of
this Court in HPA International v. Bhagwandas Fateh Chand Daswani1. Our
attention in particular has been drawn to the following observations:
R.V.E. Venkatachala Gounder vs Arulmigu Viswesaraswami & V.P. Temple & ... on 8 October, 2003
12) Further, in R.V.E. Venkatachala Gounder vs. Arulmigu Viswesaraswami &
V.P. Temple and Another (2003) 8 SCC 752 it was held as under:-
Shalimar Chemicals Works Ltd vs Surendra Oil & Dal ... on 27 August, 2010
In support of this contention, learned senior
counsel placed reliance on the decision of this Court in Shalimar Chemical
Works Limited vs. Surendra Oil and Dal Mills (Refineries) and Others (2010)
8 SCC 423 wherein it was held as under:-
State Of Rajasthan And Ors. vs Khemraj And Ors. on 10 January, 2000
Mere admission of a document in evidence does
not amount to its proof. Therefore, the documentary evidence is required to
be proved in accordance with law. The court has an obligation to decide the
question of admissibility of a document in secondary evidence before making
endorsement thereon. (Vide Roman Catholic Mission v. State of Madras, State
of Rajasthan v. Khemraj, LIC v. Ram Pal Singh Bisen and M. Chandra v. M.
Thangamuthu.)
L.I.C. Of India & Anr vs Ram Pal Singh Bisen on 16 March, 2010
Mere admission of a document in evidence does
not amount to its proof. Therefore, the documentary evidence is required to
be proved in accordance with law. The court has an obligation to decide the
question of admissibility of a document in secondary evidence before making
endorsement thereon. (Vide Roman Catholic Mission v. State of Madras, State
of Rajasthan v. Khemraj, LIC v. Ram Pal Singh Bisen and M. Chandra v. M.
Thangamuthu.)