Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........
Registration Act, 1908, Section 49 - - U, registered release deed - Admissibility - Collateral purpose - Defendants intended to mark the document to prove their possession which is for collateral purpose - However, it is nowhere mentioned in release deed that possession of properties are with defendants - Defendants not even sought relief of adverse possession - They only..........
Partition -- Partial partition - Parties consciously omitted to include residential property along with agricultural properties in partition deed of 1976 - Later on parties orally divided residential properties - Father released his 1/3rd share in residential property in favour of defendant - it will be improper to presume that father expressed relinquishment of his right..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2) -- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
Tamil Nadu Court Fees and Suits Valuation Act, 1955, Section 40, 25(d) -- Court fee - Suit for cancellation of release deed and gift deed - Plaintiff not a party to documents - It is S.25(d) and not S.40 of the Act which is applicable...........
Kerala Stamp Act, 1959, Article 47 -- Reconveyance of mortgaged property - Transfer of title and possession - It amounts to release and not reconveyance - Deed sought to be registered relates to release of documents deposited and not reconvey of any property...........
Registration Act, 1908, Section 17 -- Cancellation of release deed relinquish right, title and interest over the property - Registration - Cancellation thereof - A registered deed cannot be cancelled even if some irregularity is committed during its registration - Aggrieved party can challenge registration and validity of document before Civil Court...........
Criminal Procedure Code, 1973, Section 451, 457, Criminal Law (Amendment) Ordinance, 1944, Section 4, 6, 13, 14 -- Refusal of release of original sale deed attached under Ordinance - Suit or other proceedings - Maintainability - Except procedure contained in S.13 of Ordinance, no suit or other proceedings are maintainable against orders passed attaching or withdrawing..........
Criminal Procedure Code, 1973, Section 451, 457, Criminal Law (Amendment) Ordinance, 1944, Section 4, 6, 13, 14 -- Refusal to release of original sale deed attached under Ordinance - Filing of petition under provisions of Cr.P.C or under provisions of Ordinance - Does not automatically entitle accused or any other person claiming interest in property under attachment for..........
Criminal Procedure Code, 1973, Section 482, Criminal Law (Amendment) Ordinance, 1944, Section 4, 8, 11 -- Refusal to release of original sale deed attached under Ordinance - Petition u/s 482 Cr.P.C. - Is not maintainable and remedy lies u/s 11 of Ordinance...........
