Civil suit and criminal complaint -- Civil suit pending - Validity and genuineness of gift deed and Will under challenge in civil court - Criminal proceedings initiated for preparing forged gift deed - Held, unless the finding of Civil Court comes in, the criminal proceedings are nothing but an abuse of the process of Court - Criminal proceedings quashed...........
Transfer of Property Act, 1882, Section 122 -- Gift in favour of deity - Acceptance - Some overt act on the part of the trustee managing the temple is sufficient to presume acceptance of gift...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Limitation - Suit for declaration, partition and cancellation - In paragraphs 13 and 14 of the plaint, it is specifically stated by plaintiffs that the alleged will dated 17.06.2008 and gift deed dated 28.03.2005 came to their knowledge on receipt of a copy of the..........
Civil Procedure Code, 1908, Order 6, Rule 1,2 -- Pleadings - Suit for possession - Details to be included - These are only Illustrative and not exhaustive : (a) who is or are the owner or owners of the property; (b) title of the property; (c) who is in possession of the title documents; (d) identity of the claimant or claimants to possession; (e) the date of entry into..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Conditional gift deed - Disputed land was given by the ancestors of plaintiffs to the state and its authorities including appellant Zila Parishad in the year 1948 for establishing a school through registered gift deed with a condition that if school ceased to exist then the property would revert back to the donor -..........
Evidence Act, 1872, Section 17 -- Admission in gift deed of which execution denied and there is no finding as to its execution - Held, any assertion in gift deed including statement about age not to be taken as admission...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pre-emption suit - Petitioner has not been able to bring anything to show that the gift from respondent Nos.1 to 3 to respondent No.4 was sham and in true sense it was `sale' or `transfer' as defined under the Pre- Emption Act - Held, rejection of plaint proper...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Remand of appeal by High Court - Application for adducing certified copy of gift deed as additional evidence - Appellate court rejected aforesaid petition - Civil revision filed also dismissed - Plaintiff could not take aid of S.105 CPC - Once order was unsuccessfully challenged in revision it could..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - A transfer through gift becomes complete, only when it is made by the donor and accepted by the donee - If what is gifted is an item of immovable property, acceptance can be discerned from the act of delivery of possession...........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift - Applicability to Mohammedan Law - Rules of Mohammedan Law regarding gifts are based on reasonable classification - S.129 of the Act exempting Mohammedans from certain provisions of T.P., Act is not hit by Art.14 of the Constitution...........
