Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal intent, if any, on the part of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Sale deed which is a registered document has to be proved by other evidence...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Once sale deed is not required to be attested by marginal witnesses, it is not necessary that attesting witnesses must be examined in Court to prove execution and registration of sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Description in sale deed vague and indefinite - No title passes to the plaintiff...........
Agreement to sell -- Specific performance - Plaintiff paid only 8% of sale consideration as advance - Plaintiff thus not entitled to discretionary relief of specific performance - Relief of specific performance rightly refused. (Specific Relief Act, 1963, S.20)..........
Evidence Act, 1872, Section 90 -- Sale deed - 30 years old - Certified copy of sale deed - Sale deed itself never produced in the case - Conditions enumerated u/s 90 of the Act not satisfied - Presumption u/s 90 of the Act not available...........
Evidence Act, 1872, Section 90 -- Sale deed - Thirty years old document - Presumption - Document in question is actually certified copy of sale deed and not sale deed itself which was never produced in Court - Conditions enumerated u/s 90 of the Act, cannot be said to be satisfied - Presumption u/s 90 of the cannot be available in the case - Even otherwise, factum of..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of interim injunction order - Defendant alienated the suit property in favour of appellant who is his father-in-law in violation of interim injunction order - No material on record to show that appellant had knowledge of interim order - Defendant having been found not guilty of contempt of Court in..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of interim orders passed by Supreme Court restraining defendant from disposing of suit property - Contemnor/defendant violated the orders of Supreme Court by selling the property - However, since the properties are not subject matter of sale now, lenient view has to be taken - Contemnor shall pay a..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
