Showing : 1-10 of 43 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 122-- Gift - Cancellation - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of donor - When a gift is incomplete and title remains with donor the deed of gift..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit..........
PATNA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111-- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........
PATNA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111-- Forged and fabricated gift deed - Burden of proof - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift deed..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Registration Act, 1908, Section 17-- Registration - Unregistered gift deed - Mohammadan law - Gift deed executed by Mohammedan is not the instrument effecting, creating or making gift but a mere piece of evidence and deed is in the form of declaration by donor, which does not require registration and is admissible in evidence,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 16, Rule 6, 7-- Summoning of Sub-Registrar along with record containing true extract of registered gift settlement deed - Certified copy of document in question already marked in evidence and same was certified to be true copy by none other than registration authorities themselves - That being so, asking..........
KERALA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68-- Gift deed - Where donor himself denied execution of Gift deed, it is incumbent upon donee to prove execution and acceptance of gift by examining at least one of attesting witnesses of gift deed, as contemplated u/s 68 of Evidence Act...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 34, 37-- Suit for declaratory and injunction - Right claimed as no, occupancy tenant on rent basis - Plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Barred by limitation - Suit for cancellation of gift deed - Contentious issue between parties regarding plaintiff's entitlement for exclusion of period during which earlier suit remained pending, which is a mixed question of law and fact - To be decided by Court on the basis..........

Showing : 1-10 of 43 Results