Will -- Challenge thereto - Limitation - Starting point - In cases of challenge to the existence of Will, actual date of knowledge of existence of Will or date of receipt of such Will, would be the starting point of limitation - In case of registered Will, deemed knowledge which flows from mandatorily registerable documents cannot be attributed to cases of registered Will..........
Will -- Not compulsory registerable - Deemed knowledge which flows from mandatorily registerable documents cannot be attributed to case of registered Will...........
Will -- Registered - Registered Will is not a public document and is not open for public inspection...........
Will -- Registered - As per Delhi Registration Rules, copies of registered Wills are not furnished to the public at large...........
Indian Penal Code, 1860, Section 302, 364, 346, 193, 218, 120B -- Framing of charge - Deceased was a hardened criminal and 20 cases were pending against him thereafter one FIR was also registered against him in which he was also absconding - Deceased was killed by police officials belonging to Special Operation Group (SOG) - Petitioner has not been charge sheeted for..........
Agreement to sell -- Specific performance - Readiness and willingness - Registered agreement between parties proved on record - Moreover, institution of suit for specific performance of contract offering to pay balance consideration to defendants for getting valid deed of sale is itself indicative of the fact that plaintiff is always ready and willing to perform his part..........
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in favour of plaintiff. (Evidence Act, 1872, S.92)...........
Malicious prosecution -- Damages - False case registered against petitioner for raping his own daughter - Petitioner detained in the house of suspects for 4/5 days before he was arrested - Police investigated the case with malice - No evidence on record to prove that petitioner raped his own daughter - Accused finally acquitted - Rape case pending for 16 years - State..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - A lease granted for any purpose, be it residential, commercial, manufacturing or agricultural can be made only by a registered instrument if duration of the lease is for the period year to year basis or for any term exceeding one year or reserving a yearly rent - But a lease for the same purpose of a lesser..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Tenancy of immovable property for any purpose other than agricultural or manufacturing created by an unregistered instrument would be deemed to be month to month tenancy even where the tenant has paid annual/yearly rent to landlord...........
