3/3, 16:34] Cpc G. Surya Narayanan Mhc Advt: Section 30

[3/3, 16:34] Cpc G. Surya Narayanan Mhc Advt: Section 30

Maria Margarida Sequeria Fernandes & others vs Erasmo Jack de Sequeria (d) through Lrs

2012(3) SCJ 518

Judicial officers and judges are rarely pressing this provision to ascertain truth which ought to be frequently used – judicial officer must ascertain truth and no stone should be left unturned in achieving this object – court must give greater emphasis on the veracity of pleading and documents in order to ascertain truth

Section 100, 101, 103

2012(3) SCJ 592.

Hardeep Kaur vs Malkiat Kaur

High court shall formulate substantial question of law before interfering with judgement and decree of lower court- high court judgement allowing appeal without formulating substantial question of law
[3/4, 17:55] Cpc G. Surya Narayanan Mhc Advt: Order 7 rule 14

Punjab & Sind Bank vs C. S. Company & others

2012(3) SCJ 563

Suit for recovery decreed- Appeal of defendant allowed for non production of original bank guarantee and non adduction of secondary evidence after giving explanation for non production- apex Court held, issuance of bank guarantee- bank fabricated documents by using blank signed documents- no valid explanation as to possession of original title deed of bank- trial court rightly decreed suit

Order 21 rule 35

Raghbir Singh Sehrawat vs State of Haryana

2012(3) SCJ 611

Challenge to land acquisition failed as award passed and possession taken- writ petition dismissed rejecting contention of paper possession- record of cultivation stands in appellant name and no reason to disbelieve records- possession could not be taken without notice to owner as there was standing crop- appeal allowed

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