Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witnesses - Not named in list of witnesses - Suit for cancellation of power of attorney and consequential sale deed - Original plaintiff executant of document expired - Two persons stamp vendor and Advocate Notary Public, who sold stamp in question and notarized document, thus become very relevant for purpose..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Appellant awarded contract by respondent for earth excavation work - Performance of contractual obligations by appellant were dependent on reciprocal performances by respondent - Respondent failed to comply with its obligations - Accessibility to site was important part..........
Evidence Act, 1872, Section 91, 92 -- Document - Contents - Defendant admitted execution of document in written statement but challenged contents of document - Contents of documents cannot be accepted as they are...........
Agreement to sell -- Specific performance - Agreement not executed between parties on stamp paper - A letter signed by defendant in name of plaintiff is supposed to be contract to be performed - Though execution of document is admitted but truthfulness of contents was denied by defendant - Plaintiff failed to discharge his burden of proof of agreement and proof of..........
Will -- Execution - Proof - Attesting witness not able to identify his thumb impression due to old age being 70 years of age - However in examination-in-chief he stated that Will was executed in his presence and testator and other attesting witness signed/thumb marked the Will in his presence and he also thumb marked the Will in the presence of testator - Held, once..........
Will -- Execution - Proof - Examination of one attesting witness is sufficient if he fulfills requirement of proving the Will - Second witness is required to be examined if first witness is unable to prove due execution and attestation of Will...........
Will -- Testator 70 years of age at the time of execution of Will - Testator remained alive for almost six years after execution of Will - Finding that testator was of weak mind in the absence of medical evidence is wholly incorrect...........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23 -- Transfer of property by mother in favour of her son - Son is a licensee in property and was permitted to enjoy usufruct thereof - Son started misbehaving and quarreling with her - She was subjected to mental harassment by son due to greed of property - Transfer deed was executed without any..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property transferred in favour of son by his father - Transfer made with pious hope that son would continue to serve him as he was doing prior to execution of document - Having failed to look after father by son and provide basic amenities in his old age, son..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Attesting witnesses - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA...........
