Agreement to sell -- Specific performance - Time essence of contract - Time limit of four months fixed to perform the part of contract by both parties - Material on record clearly goes to show that within four months of stipulated time, plaintiff got issued legal notices to defendants 1 and 2 and said notices were returned with postal endorsements - However, defendants 1..........
Evidence Act, 1872, Section 63, 65 -- Secondary evidence - Certified copy of registered Will and certified copy of orders passed by joint Collector - Defendant admitted the matter of implementation of Will Deed went upto Joint Collector in Revision proceedings under ROR Act and Joint Collector after hearing both sides directed plaintiff to get his rights decided by Civil..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption can be by way of a registered deed or even without it - However, an act of giving and taking in adoption has to be performed by both the parties namely, biological parents and the adoptive parents...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed Adoption which has already been done by way of a customary method or by any such give and take, may be reduced in writing subsequently and adoption deed may thereafter be registered...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Once an adoption deed is registered, it would be presumed that a valid adoption has taken place with right of rebuttal...........
Will -- Proof - Will was attested by two attesting witnesses who had died when suit was tried - Signatures of two attesting witnesses were proved by their sons - Scribe also deposed as DW3 - Will is a registered Will - No suspicious circumstances surrounding the Will have been made out to discard the same - Will is proved...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Insurance claim - Repudiation - Truck damaged by fire on 08.06.2014 - Truck registered in the State of Bihar and caught fire on account of short circuit in the State of Bihar itself - There was a valid National Permit in existence on the date when truck caught fire - Authorisation fee was required to be paid..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Unregistered document - If the document is required to be registered, an unregistered sale deed cannot be impounded with stamp duty and it cannot be received in evidence that unregistered sale deed cannot be relied upon for sale purpose...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Registration - Adoption deed is not required to be necessarily registered in law and only aspect required to be proved before any competent Court of law is whether conditions under the Act have been followed and whether adoption deed was executed validly...........
