Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
Evidence Act, 1872, Section 92 -- Suit for declaration that sale deed is sham and void - It is open to party to contend that document executed by him purporting to be a sale deed is only a fictitious or nominal transaction and that it was never intended to be acted upon and that transaction between parties was entirely different one...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Company - Complaint against director of company - Annual return produced showing details of share-holding of petitioner as director of company - Other share-holders having only nominal shares - Quashing of complaint sought on basis of annual returns to show that..........
Transfer of Property Act, 1882, Section 58, Registration Act, 1908, Section 58, 60 -- Mortgage deed or deed executed by way of security - Endorsement of Sub Registrar as to passing of consideration not rebutted - Inspite of the sufficient gap of time in between the registration of document and filing of suit no steps taken either to get the document cancelled or to bring..........
Hindu Law -- Coparcenary property - Alienation by father for family necessity - Sale deed acted upon by vendees by mutation of names in Municipal records - Taxes paid - Building constructed - Sale deed cannot be treated as sham, nominal or collusive document...........
Evidence Act, 1872, Section 92 -- `Want or failure of consideration' - Oral evidence is permissible to prove want or failure of consideration to invalidate any document or to establish that consideration was really different from consideration recited in the document or to show the sham or nominal nature of the transaction...........
