Criminal Procedure Code, 1973, Section 401 -- Revision - Against discharge - Charge u/S.420/467/471 IPC - The attestations of the power of attorney by respondent an Advocate which was allegedly forged and used as genuine by `A' - Nothing found on record that prior to the execution of the power of attorney respondent conspired with `A' - Order of discharge by Ld.ADJ - Held..........
Land Acquisition Act, 1894, Section 51A, 23 -- Mere tendering of a copy of registered sale deed in evidence even though execution of document is proved - No proof of truth of contents of such document - Not correct that by virtue of Section 51-A certified copies of sale deeds enough to prove contents thereof - Mere tendering of certified copies of sale deeds in evidence -..........
Will -- Suspicious circumstances - Exclusion of the branch of one of the sons' family - It is a suspicious circumstance of great magnitude which has to be explained by propounder by independent evidence apart from the recitals in the Will - Onus is on propounder to explain suspicious circumstances - Court must be satisfied as to genuineness of disposition and that..........
Consumer Protection Act, 1986, Section 25 -- Execution order - Arrest warrant - Neither the order of National Commission complied with nor the order of State Commission honoured - Order to issue arrest warrant of the official of respondent company passed...........
Consumer Protection Act, 1986, Section 2(1)(g), 27 -- Plot - Delay in handing over possession - District Forum passed order to handover the possession within time frame - Non compliance of the order by the appellant - Complainant filed application u/S.27 of the Act - District Forum came to the conclusion that HUDA has unnecessarily delayed the execution of the order by not..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Housing - Allotment of flat - Execution of conveyance deed - Not done by opposite party - Direction issued to the appellant to execute the conveyance deed subject to the provisions of the relevant laws and in terms of the agreement...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer pendente lite - Doctrine of lis pendens does apply to auction sales' held by the Executing Court of any immovable property of J.D. which was subject of dispute in a pending suit or decree pending execution - For applicability of the doctrine, decree pending execution at time of auction sale must be valid..........
Will -- Execution - Will running into four pages - First page bearing signatures as well as thumb impression of executant whereas other pages bearing thumb impression only - Signature a mere scrawl indicating not only physical but even mental incapacity of the executant - Thumb impression on the last page giving an impression that it was never intended by the deceased to..........
Hindu Law -- Adoption - Proof - Can be proved by oral evidence establishing the factum of giving and taking the child in adoption with free consent of both the natural guardians and adoptive parents - Execution of adoption deed and its registration is not compulsory - The fact that adoption deed is signed by only adoptive father and not by adoptive mother also would not..........
Hindu Law -- Coparcenary property - Alienation by a coparcener pending suit for partition filed by another coparcener - A coparcener can gift or will away coparcenary property to the extent of his share - Execution of settlement deed in respect of a specified item of property by a coparcener or execution of Will by him bequeathing entire coparcenary property is not valid -..........
