Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - Sale of flat - Defendant agreed to sell his flat to plaintiffs - Plaintiffs paid entire consideration agreed between parties as per agreement for sale - There is certificate by registering authority in terms of S.62 of the Act - Plaintiffs thus, cannot be deprived of..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 323, 504 IPC and S.3(1)(x) SC/ST Act - Appeal against acquittal - Leave to appeal - Sequence of assault and injuries were not in corroboration with each other - There was variance of one and half hours in time of..........
Will -- Suspicious circumstance - One of attesting witnesses/PW2 of Will did not turn up to face his cross-examination, as a result his statement rightly discarded - PW7, other attesting witness also could not face test of his cross-examination successfully - Witness instead of dispelling suspicious circumstances in his cross-examination created suspicion over Will by..........
Will -- Suspicious circumstance - Will in question not registered through computer - Registration of Will was used to be done through computer at the relevant time - But it was not explained as to why Will was not registered with the help of computer and registered manually - Plea taken by plaintiff coupled with statement of Sub-Registrar and other witnesses that Will was..........
Will -- Suspicious circumstance - Mental state of mind of testator - PW6 proves beyond doubt that on the alleged date of execution and registration of Will, testator was hospitalized and was regularly attended throughout the day and night by doctor - No explanation made as to in what circumstances testator was allegedly taken out of hospital before scribe and..........
Evidence Act, 1872, Section 63(e), 71, 76, 101, Registration Act, 1908, Section 23, 57 -- Proof of document - Admissibility of secondary evidence - As per provisions of S.57(5) of Registration Act and Ss.65(f), 76 of Evidence Act, a certified copy of sale deed as registered is permitted to be given in evidence - Moreover, certified copies of public documents can also be..........
Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........
Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........
Will -- Proof of - Will in question is a document of two sheets and both these sheets must bear thumb impression of testator - However, attesting witnesses of Will do not depose that testator affixed his thumb marks on both the sheets - Testimony of one of attesting witness of Will reveals that neither he had seen testator signing or affixing thumb impression on Will nor..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - In execution of decree sale deed executed - Summons of case received by mother but mother did not bring the receipt of summons to the notice of defendant - Defendant prepared to deposit the entire amount spent by plaintiff towards getting sale deed executed -..........
