Evidence Act, 1872, Section 45 -- Expert opinion - Mere proof of signatures cannot establish the due execution of a document...........
Evidence Act, 1872, Section 17 -- Admission - Family settlement - In the instant case, defendant initially in his part cross-examination has stated that the signatures on the family settlement looks like his signatures, but at the same time he also added that these are not his signatures - Hence, there is no admission on the part of the defendant that the family settlement..........
Registration Act, 1908, Section 57(5) -- Registered document - Certified copies - Provision of S.57(5) of the Act does not dispense with proof of execution of document...........
Transfer of Property Act, 1882, Section 105 -- Lease - Renewal clause - Specific performance - Parties intended to renew the lease by execution of a fresh lease deed and not a mere extension of the lease under existing lease deed - No formula or machinery provided in the lease deed in order to decipher the rate of rent or the duration of lease to be incorporated in the..........
Will -- Proof - Execution of Will has to be proved in terms of provisions of S.68 of Evidence Act, even in a case where opposite party does not specifically deny the execution of document in written statement...........
Will -- Proof - Will not executed in the manner as alleged by witnesses - Contradictions found in the evidence of witnesses - Execution of Will not proved...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Without deciding objections - Held, Executing Court is required to dispose of objections before taking the drastic step...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Civil imprisonment - Executing Court is required to issue a show cause notice calling upon JD to appear and to show cause as to why he should not be put into civil prison - However, Court can dispense with issuance of notice when Court is satisfied by an affidavit or otherwise that with the object..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant took plea that plaintiff in the garb of loan fraudulently obtained his signatures - Since fraud was played defendant alleged that he will suffer hardship in the event of execution of sale deed - However, no evidence led by defendant to substantiate his plea - Trial Court after considering pleadings,..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Execution - Third party objections - Framing of issues - Court is not obligated to follow regular procedure in every false and frivolous objections - Issues are not to be framed in every unfounded, false and frivolous objections filed by someone in execution of a decree - Order dismissing objections, upheld...........
