Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17 -- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
Mutation proceedings -- Challenge as to adoption deed - Registered adoption deed cannot be questioned in mutation proceedings which are fiscal in nature...........
Will -- There is no insistence in law that a Will should contain a schedule which is often added to body of deed for clarity...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Consolidation Officer has got no jurisdiction to declare a deed of gift as void and ignore it - Gift deed cannot be said to be void document unless same is declared by competent civil Court having jurisdiction...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that claim for part of land has not been raised before trial Court is not maintainable before High Court - Plea held, not tenable as plaintiff claimed declaration qua their rights in suit land to the extent of 1/12th share by challenging sale deed - Courts were under..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff having means but not actually willing to perform his part of contract - Plaintiff not paid the balance sale consideration within stipulated time of 15 days for execution of sale deed - Plaintiff held, not entitled to decree of specific performance. (Specific Relief Act, 1963, Ss.16(c), 20)...........
Agreement to sell -- Specific performance - Admission in cross examination by one of the attesting witness that there was no transaction of giving/taking of money in his presence - Sole testimony of defendant is not at all sufficient either to rebut evidence adduced by plaintiff consisting of testimonies of deed writer, one of the attesting witness and statement of..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Agreement to sell -- Specific performance - Suit dismissed holding agreement to be forged and fabricated document - Validity - Stamp paper on which agreement was scribed is shown to have been purchased by husband of defendant no.1 - Stamp vendor not examined - Agreement not scribed by regular deed writer - It has been scribed on stamp paper purchased for execution of..........
