Criminal Procedure Code, 1973, Section 91 -- Production of document - Application at the instance of accused - Petitioner seeking to take on record document pertaining to date of birth of prosecutrix at the time of her initial admission in school in which her date of birth is mentioned as per which she would be 18 years of age at the time of alleged incident -..........
Will -- Proof - Merely because scribe and marginal witnesses of Will entered into witness box to prove execution of Will, same will not make Will a legal and valid document...........
Will -- Suspicious circumstance - Statement of scribe/document writer - PW2 admitted that all the entries recorded in register maintained by him in same ink except one entry which pertained to Will in question which was in different ink - Explanation given for the same is that PW2 used to keep 2-3 pens, does not inspire confidence - Not only this, cutting made in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5 -- Maintenance to step mother - Property left behind by father is being possessed by petitioner and step mother left alone and she is unable to maintain herself - Petitioner is a Government servant earning sufficiently to maintain his mother - Tribunal granted maintenance of Rs.10,000 p.m -..........
Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........
Stamp Act, 1899, Section 35 -- Unstamped document - Document which is not stamped as required under law cannot be received in any evidence for any purpose - However, this is curable defect u/s 35 of the Act and if stamp duty and penalty is paid, thereafter document becomes admissible...........
Specific Relief Act, 1963, Section 34, Suits Valuation Act, 1887 - - Title deed of 1954 not tendered in evidence in course of trial but was sought to be relied upon in title appeal - Such deed gives some semblance of title to plaintiffs in respect of at least six decimal of suit property - However, defendants had no chance to deal with plaintiffs assertion of title based..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Direction for determination of compensation - Land in question notified for acquisition 28 years ago - Appellant had put up construction over land without acquisition of said land putting public exchequer at risk - Petitioners have produced their title..........
Registration Act, 1908, Section 17 -- Family partition - Registration of deed - Compulsory registration - Document in question is not a deed for affecting any partition in praesenti, but it is a document recording previous partition therefore, it need not be registered...........
