Evidence Act, 1872, Section 68 -- Pronote - Execution - Proof - Execution of document can be proved by examination of one witness - It is not essential that both the witnesses should be examined - In the instant case one attesting witness to the pronote examined who proved the execution of pronote and receipt and defendant was not able to cause any dent in the testimony of..........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Civil Procedure Code, 1908, Section 47 - - Execution - Sale - Proceedings coming to an end - If the purchaser is already in possession of property, there is no question of his filing an application for delivery and in such cases execution proceedings cannot be continued after sale - Only if it is necessary to deliver the property pursuant to sale, execution proceedings do..........
Civil Procedure Code, 1908, Section 47 -- Execution - Sale - Proceedings coming to an end - Sale certificate issued in favour of D.H. who was the auction purchaser - Decree Holder sold the property to J.D. - Thus auction purchaser/D.H. lost title to the property - Thereafter D.H. has no right to maintain the delivery application - Application for delivery of property..........
Specific Relief Act, 1963, Section 20 -- Discretion as to decreeing specific performance - Sale agreement was made by defendant when alive and earnest money was also paid - Plea of hardship due to execution of sale deed is not taken by defendant - No reason made out on record to decline the relief to specific performance of agreement and to allow alternative relief -..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Right of foreclosure - In case of unsufructuary mortgage, where no time limit is prescribed for getting property redeemed, right to seek redemption of mortgaged property, would not arise from date of execution of mortgage deed, but from date when mortgagor pays of tenders of deposits the money in court - Once a..........
Indian Penal Code, 1860, Section 302, 34, 449, Evidence Act, 1872, Section 3 -- Murder - Common intention - Appreciation of evidence - Dispute between over land - Deceased transferred a share of land in favour of accused for a specific sum - Day before execution of sale deed, accused hit the deceased with datar resulting into septicemia due to brain tissue infection and..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Second Appeal - Once the execution of attorney is to be fraudulent, all the transactions based thereon become void and, therefore, question of document having proper source or performed in normal course of business do not arise at all...........
Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption - Before any question of presuming a document's valid execution can emerge, document must purport and be proved to be thirty years old - Period of thirty years is to be reckoned not from the date upon which document is filed in Court but from the date on which, it having been tendered in evidence,..........
Evidence Act, 1872, Section 34 -- Suit for recovery - Bahi entry - Bahi signed by defendant - Mere proof of signatures can not be proof of execution of a document - Plaintiff failed to give details of currency notes that were handed over to defendant - Execution of entry not proved - Defendant an illiterate person and it could be that his signatures were taken on a blank..........
