Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
Criminal trial -- Admissibility of documents - Objections - In criminal law, admissibility of a document is not hindered if it is unregistered or unverified - Court's focus in criminal proceedings is on deciding the charges framed against accused, not on determining any civil rights between the parties - Moreover, act of assigning an exhibit or a mark to a document is a..........
Registration Act, 1908, Section 17, 49Proviso -- Unregistered agreement to sell - Suit for specific performance - Agreement to sell though unregistered can be accepted in evidence for collateral purpose in a suit for specific performance...........
Registration Act, 1908, Section 49, Proviso -- Un-registered lease deed - Can be shown to prove nature and character of possession but it cannot be used to prove the terms of lease and unregistered lease deed is admissible in evidence for collateral purpose for proving possession of a party...........
Stamp Act, 1899, Section 33 -- Impounding of unstamped and unregistered document - Agreement to sell - Unstamped and unregistered agreement to sell - Document can be impounded and the same sent to Collector (Stamps) for adjudication as to deficit court fees and then can be considered in evidence...........
Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 3 -- Admissibility of document - Unregistered and insufficiently stamped document - Liberty is granted to raise objection in the course of suit proceedings as to admissibility of document or otherwise of document for want of registration in terms of S.17(1) of Registration Act, if it is open or otherwise permissible -..........
Agreement to sell -- Un-registered - Agreement in question did not prescribe any period of limitation - Total consideration amount of sale received from plaintiff by defendants - Possession also given to plaintiff - Mere fact that documents i.e agreement to sell and power of attorney being unregistered are not admissible as evidence, has been rendered meaningless...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
