Specific Relief Act, 1963, Section 34 -- Suit for declaration of title, recovery of possession and for cancellation of sale deed - Registered sale deed of suit property in favour of plaintiff by defendant is proved on record - Subsequent execution of another deed of conveyance by defendant with respect to same property in favour of defendant no.1 is without any authority,..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note handwritten - Accused acquitted as : (i) Only signatures tallied; (ii) Entire scription not compared with handwriting of deceased; (iii) Prosecution failed to prove that contents of suicide note were also written in the handwriting of deceased; (iv) There was no standard signature on the suicide..........
Evidence Act, 1872, Section 3, 138 -- Cross-examination - Divorce petition - Plea that document was wrongly read in evidence - It is always open to a litigant to, in cross examination, confront the witness of opposite party with documents and which documents, if admitted by witnesses, are entitled to be read in evidence - In present case, wife had an opportunity to..........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Registration Act, 1908, Section 17 -- Registration - Partition list requires compulsory registration as per law - Said document having not been registered, no right would flow under said document in favour of party...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed to be owner of suit property under sale deed - However, plaintiff failed to establish his vendor's title, possession and enjoyment of suit property - Title of his vendor based on the strength of partition list - No proof placed to hold that parties to partition..........
Agreement to sell -- Plea of fraud - One marginal witness and stamp vendor from whom defendant purchased stamp paper examined - When stamp paper was purchased, defendant has signed endorsement before stamp vendor - No evidence led by defendant to prove that stamp paper was not purchased by him - Defendant admits his thumb impressions and signatures on agreement to sell -..........
Registration Act, 1908, Section 17 -- U, registered receipts and documents varying the terms of original agreement to sell, were not the documents received in evidence for collateral purpose - Said documents were direct evidence evidencing variation of contract of a registered document cannot be varied by unregistered document executed in future...........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11(d) -- Rejection of plaint - Jurisdiction of Civil Court - Suit for cancellation of sale deeds and permanent injunction - Plaintiff alleges that power of attorney which formed the basis for execution of sale deed is a fraudulent document and forged and fabricated - Said transaction would only be voidable and cannot be..........
Agreement to sell -- Suit for specific performance - As per evidence on record plaintiff herself does not enter the witness box - Even, agreement is said to have been executed between plaintiff and defendant No.1 & 2, and plaintiff and defendant No.2 had not signed the document - Moreover, attesting witness is a close associates of husband of plaintiff and other attesting..........
