Registration Act, 1908, Section 47 -- Document executed but registered on a subsequent date - Operates from the date of execution and not from the date of registration...........
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17 -- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
Will -- Execution - Witness - One attesting witness stated that he merely signed the Will as a witness and he no where stated that Will was signed by testator in his presence - Identity of testator not proved by the second attesting witness - Will, not duly proved...........
Will -- Proof of - Execution of Will in favour of defendant by testator is not proved on record, as evidence led by defendant is totally shaky and Will proved to be fabricated one - Will surrounded by suspicious circumstances and defendant failed to dispel said circumstances - On the other hand it is clear from oral and documentary evidence that both the parties were..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption - Adoption deed registered, as such it cannot be said that it was procured subsequently in back date - Due execution of adoption deed proved by witnesses - Even adoption was published in the newspaper - Mere no, signing of adoption deed by natural mother, does not affect the..........
Negotiable Instruments Act, 1881, Section 138, 118(a), 139 -- Dishonour of cheque - Conviction - Suppression of crucial facts like nature and date of transaction and also date of issuance of cheque by complainant - Admission by accused regarding signing of blank cheque does not amount to execution of cheque - It is duty of complainant to prove said execution - Failure of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Specific Relief Act, 1963, Section 20 -- Agreement to sell - Specific performance - Plaintiffs proved execution of agreement to sell - Defendant No.1 admitted his signatures on agreement - Plea taken by defendant that his signatures were obtained by husband of plaintiff by undue influence and misrepresentation of facts not supported by cogent evidence - Valid execution of..........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Specific performance - Ready and willing - Plaintiff ready and willing to perform her part of contract, as she remained present in office of Sub-Registrar on date of execution of sale deed along with balance sale consideration - But defendant did not turn up and despite issuance of legal notice he did not..........
Constitution of India, 1950, Article 20(1), Indian Penal Code, 1860, Section 467, 468, 471, 406, 420 -- Orissa Protection of Interest of Depositors (in Financial Establishments) Act, 2013, S.6 - Cognizance of offence - Ex-post facto law - Offence u/ss 467, 468, 471, 406, 420 IPC and S.6 OPID Act - In the instant case, execution of sale-deed in favour of informant by..........
