Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Where executant of a deed wants it to be annulled, he has to seek cancellation of deed u/s 31 of the Act - But if a non-executant seeks annulment of a deed, he has to only seek a declaration that deed is invalid or non est or illegal or that it is not binding on him...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47 -- Intimation of arrest - Provision of S.47(1) of the Act is mandatory and peremptory - Violation of this provision can only result in a declaration that arrest and subsequent detention is invalid...........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership and to declare the sale deed as null and void - Defendant pleaded sale deed in his favour which plaintiff asserted to be forged and created through impersonation - Original sale deed not produced - Leads to inevitable conclusion that had the original document been produced impersonation would have..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of ownership and permanent injunction - Plea of non est factum - Plaintiffs claimed to be absolute owners thereby denying not only correctness of Power of Attorney in favour of defendant but also subsequent execution of sale deeds by Attorney - Defendant transferred the property in favour of his father and..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Income Tax Act, 1961, Section 147 -- Reopening of assessment - Quashing of notice issued u/ss.147, 148 - Income Declaration Scheme - High Court extending immunity under IDS to an assesse who was not declarant under the Scheme, is invalid - Therefore, quashing of notice for re-assessment, improper...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 38, Adoption Regulations, 2017, Rule 7 -- Declaration as to child free for adoption - Live-in-relationship couple - Child to be treated as born to a married couple - Mother of child executed deed of surrender and gave child in adoption - U/r 7 of Adoption Regulations, if a child born to a married couple..........
Election -- Recounting of votes - Direction of Tribunal to place report contained in sealed envelope before District Election Officer for declaration of result - Challenge as to - Direction even if inappropriate would not affect order of recount of votes - Moreover, it was open to High Court to mould the direction issued by Tribunal instead to issue direction u/s 140 of..........
