Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68 -- Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objections - Petitioner at no point of time challenged ex parte decree passed against him in regular appeal, despite receiving information regarding on going proceedings - Rather, in execution proceedings, petitioner has chosen to file his objection, which was turned down - Objection rightly..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Medical evidence - Death occurred by asphyxia as a result of constriction of neck and not due to hanging by rope, though conforms to the manner of execution of offence, as narrated by PW1, however, in view of inherent improbabilities and incongruities in his evidence, it is not safe to base the conviction of accused..........
Civil Procedure Code, 1908, Section 47 -- Execution - A decree is null and void if it is passed by a Court lacking jurisdiction to pass the decree - A decree cannot be said to be a nullity on the ground that it is passed erroneously or that there is error while passing the decree...........
Will -- Onus to prove Will is on propounder of Will and in absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator, as required by law, need be sufficient to discharge onus...........
Will -- Proof - Due execution of Will proved on record - Plaintiff not produced any evidence as to suspicious circumstances nor any explanation given that Will does not bear signatures of testator - Will duly proved...........
Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........
Agreement to sell -- Execution - Defendant put up four thumb impressions on agreement to sell - One of thumb impression is on a revenue stamp paper - Normally this thumb impression is put at the time when amount is being received - Contention of defendant that he handed over some papers to one person on which agreement to sell has been forged rejected...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Stamp duty has to be calculated by Stamp Authorities u/s 47-A of the Act by determining status of property as it executed on date of execution of deed...........
Will -- Execution - Testatrix was suffering with high fever and was in semi conscious condition and she was unable to speak on the day of execution of Will - Execution of Will in sound and disposing state of mind, is somewhat unbelievable...........
