Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage on basis of customary divorce deed - Husband and wife both belong to same community i.e Kadva Patidar - They have validly entered into deed of divorce which is accepted as customary practice amongst members of Kadva Patidar community - Deed of divorce was executed in presence of witnesses as required -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed is null and void - Vendor deposed that consideration was not paid - Buyer contends that it was paid in installments on various previous occasions - Party who asserts existence of a fact is burdened with onus to prove the fact asserted - Neither testimony of DW1 and testimony of DW2 nor copy of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - S.54 of T.P Act, categorically provides that a contract for sale of immovable property does not by itself, create any interest in or charge on such property...........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of sale deed can be produced in proof of contents of public document or part of public document which purports to be a copy and can be produced as secondary evidence of public document without laying any foundation - It will only prove contents of original document and not be a proof of execution of..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 3, 4 -- Land grabbing - Applicant proved her possession by virtue of title deed and also took out a Commission which identified property in possession of appellant - Special Court also spoke of suits filed by appellant, one of which, seeking injunction against applicant was rejected and other seeking injunction..........
Registration Act, 1908, Section 71 -- Refusal to register document - Sub-registrar cannot orally refuse to receive sale deed for registration - He is bound to receive the same as per law, but he can refuse to register the same if same is not legally permissible for registration...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Once the finances are being provided by petitioner/daughter to senior citizen, non-providing of medicine on day to day basis cannot be taken as a ground to hold that senior citizen is not being maintained by petitioner/married daughter...........
