Evidence Act, 1872, Section 45 -- Expert opinion - Agreement to sell - Execution of agreement in dispute - Permission sought to allow handwriting expert to take photographs of the disputed agreement - Application filed by defendant at the stage when his evidence was being recorded - Application cannot be held to be belated - Application cannot be rejected especially when..........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed in favour of lessee - Redemption - Survival of leasehold rights - There is no automatic surrender of leasehold right on execution of mortgage deed - Each case depends upon terms of document that comes up for consideration - If from a document of mortgage, it is inferred that there is implied or express surrender..........
Gujarat Stamp Act, 1958, Section 5 -- Payment of stamp duty - Instrument relating to several distinct transactions - Execution of single mortgage deed - Effect - In instant case, thirteen lenders have provided financial assistance to Company pursuant to separate loan agreements - Therefore, though mortgage deed is single document but it involves 13 different transactions -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Funds insufficient - Loan amount - Legally enforceable debt - Documents on record prove that an amount of Rs.30 lakhs was transferred from the account of complainant to the account of accused - Accused did not dispute signature/execution of Loan Security Bond and a Promissory note - Evidence on record..........
Will -- Suspicious circumstances - Will executed before seven days of death of testator - Testator was suffering from throat cancer for the last 6 months and it was at the last stage - Attesting witnesses not examined to prove the validity of Will - One of the attesting witnesses expired but no tangible evidence placed on record to prove this fact - Though Will was..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Obstructed by JD - DH has specifically stated that JDs have started interfering with his possession despite knowing about the decree for permanent injunction - Even JDs themselves have admitted that they are in occupation of suit land, which plea is contrary to the decree for..........
Court Fees Act, 1870, Article 17(iii) -- Court fees - Suit for declaration that transfer deed is null and void - Plea that no consideration had passed at the time of execution of transfer deed and that transfer deed was a result of fraud and mis representation - Relief of possession not sought - Petitioner is required to affix fixed court fee under article 17(iii) of the..........
Constitution of India, 1950, Article 32, 72 -- Execution of death warrant - Bomb blast case - Rejection of second mercy petition - Petitioner seeking 14 days after rejection of 2nd mercy petition before execution of death warrant - When 1st mercy petition was rejected sufficient time was available with petitioner to make necessary arrangements - Granting further time to..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
Agreement to sell -- Specific performance - Suit barred by limitation - Long delay of 15 years in presenting the suit - In such circumstances, it matters little that execution of agreement and readiness and willingness on the part of plaintiff to perform his part of contract is proved...........
