Agreement to sell -- Specific performance - Readiness and willingness - There must be clear and unambiguous proof of a notice as required u/s 16(c) of Specific Relief Act and Forms 47 & 48 of Appendix A of CPC, 1908 - In the instant case plaintiff did not give any notice to defendant of execution of sale deed - Suit for specific performance fails - Defendant shall return..........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Evidence Act, 1872, Section 68, 71 -- Will - Proof of - Mere summoning of one of attesting witnesses in proof of testament, who turned hostile to the due execution alone is not sufficient to make the succeeding provision S.71 of the Act operative, for which, propounder has to show that it has become impossible to prove the testament under the special provision S.68 of the..........
Evidence Act, 1872, Section 71 -- Will - Proof of - Mere preponderance of probability regarding the due execution and attestation with all necessary mental element would be sufficient to discharge the initial onus on the propounder when the matter is brought under the purview of S.71 of the Act...........
Will -- Proof of - Testator admittedly committed suicide within hours of alleged execution of Will, which would show the extent of mental impairment and imbalance at the time when the alleged Will was executed - Will discarded on that ground...........
Will -- Proof of - Plaintiff contended that his grandmother after cancelling earlier Will in favour of defendants executed Will in his favour - However, attesting witness of Will in favour of plaintiff stated that testatrix was not in her sound state of mind at the time of execution of Will - Serious doubt arises as to why testatrix just before her death has chosen to..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Evidence Act, 1872, Section 17 -- Admission - Execution of document - When execution of a document is either admitted or proved and no disabling factor or vitiating circumstances is alleged or proved, admission or proof of signature with necessary formalities, if any will be proof of execution with knowledge of contents at least prima facie for purpose of shifting the..........
Agreement to sell -- Execution - Proof - PW1 plaintiff, PW2 sister of plaintiff examined - Version of both of them is of interested version as such cannot be relied - PW3 scribe examined as a witness - Pen and ink used for affixing his signature and signature of DW1 are different from the pen and ink used for preparing the document and it was not properly explained by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........