Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Registrar needs to have a prima facie view that marriage has taken place in accordance with personal law applicable to parties - Once such a satisfaction is entered by Registrar, Registrar is bound to register such marriage, notwithstanding that he had entertained a doubt regarding competency or capacity of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave to defend is contrary to..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Alleged to be obtained by fraud and misrepresentation - Sub Registrar in his evidence stated that sale deed was executed after it was explained to the parties about contents of the sale deed - PW2 & PW3 who attested sale deed nowhere stated in their statement that executant was not in good state of mind at the time..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of plaintiff before Sub-Registrar on the date fixed by Defendant for execution of sale deed along with balance sale consideration, shows that plaintiff was ready and wiling to perform his part of contract - It is defendants who did not turn up on that date, hence they are estopped from..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not applicable - Suit filed by plaintiff cannot..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Agreement to sell -- Specific performance - Plea that defendants attended the office of Sub Registrar and got attested their affidavits - As per agreement defendants were to repay bank loan and to get No Objection Certificate from District Town Planner - No evidence led by defendant to prove the same - Held, attendance got marked by defendant was only to create evidence...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, Registration Act, 1908, Section 17 -- Adoption - Registered memorandum of adoption - Carries a presumption of genuineness having been registered by Registrar in discharge of his official functions...........
Registration Act, 1908, Section 25 -- Registration - Presentation of document - Condonation of delay - Power of registrar of documents u/s 25 of the Act, is not available for invoking after expiry of eight months from date of execution of document...........
Will -- Identifying witness - He only identifies the executant before Sub Registrar - His physical presence is not mandatory when executant was signing/putting his thumb mark on the Will...........
