Constitution of India, 1950, Article 14 -- Tender - Rejection of Bid - Scope of Judicial review - Petitioner used turnover and balance sheets of Super Construction in order to enhance its bid capacity, then at the same time, petitioner was also liable to show liabilities and on going work - Petitioner failed to fulfil criteria laid down in Standard Bidding Document - In..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an instrument issued or registered as it is..........
Transfer of Property Act, 1882, Section 3 -- Attestation - Scribe of document can also be an attesting witness thereof, provided that he signs document with required animus to attest...........
Transfer of Property Act, 1882, Section 123, 3 -- Gift deed - Attestation - Gift deed attested by only one attesting witness - Attesting witness admitted that he did not know donor and further admitted that he was not in a position to state as to whether donor was same person, who had in fact executed gift deed, as he was only asked to sign the document - He thus, put his..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 7, Rule 14, Evidence Act, 1872, Section 65 -- Production of document - Secondary evidence - Admissibility - Mere non compliance of the direction to produce the original document cannot be a condition to allow plaintiffs to take benefit of secondary evidence unless the burden to prove that..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Transfer pendente lite - Sale deed executed during pendency of suit is void ab initio document - Decree for setting aside same would not be necessary, as same is non est in eyes of law, as it would be a nullity...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does not fall within proviso..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges - Having not paid said..........
Orissa Gram Panchayat Act, 1965, Section 11(b) -- Election - Disqualification on ground of age - Election of petitioner disqualified as Sarpanch under u/s.38(2)(a) of the Act on ground she is 20 years old and has not attained 21 years - S.11(b) is clear to the extent that one must have attained age of 21 years on date of filing of nomination, which means a person already..........
