Transfer of Property Act, 1882, Section 118 -- Exchange - Provisions of Transfer of Property Act not applicable in the State of Punjab - Even oral exchange is permissible - No document is required to be executed and registered - Recital in the deed of its proposed course of action in getting the same registered has no telling effect on the lawful execution of exchange..........
Limitation Act, 1963, Article 65, Specific Relief Act, 1963, Section 6, 31 -- Relief of possession - By way of registered sale deed, the property in which plaintiff was co-owner had been sold to defendant by brother of plaintiff by impersonation - Document has been held to be void and no-est in eye in law - Plaintiff was seeking its cancellation but the relief of..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Deceptively similar trade mark - Limitation - Defendant contended that trade mark was being used by defendant since 2009 but suit was filed on 8.11.2013 and such delay is fatal - An application for registration of trade mark moved by defendant now, shows that there was no registered trade mark..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Non-Registration - If an adoption deed is reduced into writing and is signed by both sets of parents i.e parents giving in adoption and parents taking in adoption and adoption satisfies all statutory requirements set out under the Act, mere fact that it is not registered or there is a defect in its..........
Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors and scribe of the document to prove execution of partition deed..........
Evidence Act, 1872, Section 69 -- Will - Proof of - Both attesting witnesses have died, Sub-Registrar who had registered the Will was examined on commission - Sub-Registrar set out the circumstances in which attesting witnesses as well as Testator had signed on the document - This part of evidence has been elaborately considered by High Court to record its satisfaction..........
Evidence Act, 1872, Section 92 -- Proviso 2 - Parol evidence - Admissibility - Where a contract or disposition not required by law to be reduced into writing has been arrived at orally then existence of any distinct subsequent oral agreement modifying or rescinding the said contract or disposition can be substantiated by parol evidence such evidence is admissible -..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 6, Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 -- Juvenile in conflict with law - Murder case - Imposition of life imprisonment - Appellant did not raise plea of juvenility either before trial Court or before High Court - Appellant raised claim before Supreme Court..........
Will -- Suspicious circumstances - Beneficiary took steps for preparation of Will - It was possible to get the document registered but not registered - It was not necessary but verification of senior clerk of Tahsil Office obtained on the Will - No relative of testator used as attesting witness - Beneficiary signed even for identification before Senior Clerk of Tahsil..........
