Agreement to sell -- Specific performance - Defendant admitted signature found in reply notice but denied signature in agreements to sell as well as on summons - He contends that signatures were forcefully taken but same was not explained by defendant by placing cogent evidence - Moreover, endorsement at the document clearly discloses that even after execution of sale..........
Registration Act, 1908, Section 71 -- Refusal to register document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason and if he does not intend to register the document so presented for any valid reason, he has to pass an order of refusal of registration with an endorsement on the document that registration is..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 302, 34 -- Two dying declarations - One recorded by ASI and second by Executive Magistrate - In dying declaration recorded by Executive Magistrate, deceased made a general and vague allegation that people of her house had set her on fire - In dying declaration before ASI deceased made detailed allegations..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him, cannot keep the same pending without any reason - If he refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same with an endorsement on the document that registration has been refused -..........
Registration Act, 1908, Section 71 -- Refusal to register document - In case of refusal to register a document, appropriate endorsement is required to be made on sale deed...........
Registration Act, 1908, Section 71 -- Registration of document - District Sub-Registrar on presentation of document before him cannot keep the same pending for any reason - If he does not intend to register document so presented, he has to pass an order of refusal of registration with an endorsement on the document that registration has been refused...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection to admissibility of document should be raised before endorsement is made and Court is obliged to form its opinion on question of admissibility and express the same on which opinion would depend the document being endorsed as admitted or not admitted in evidence...........
Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - There is presumption which attaches to correctness of endorsement made on document by Registrar`s office - Thus, it cannot be said that defendant was ignorant about contents of agreement when it was executed...........
Agreement to sell -- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his thumb impressions and signatures on agreement to sell -..........
