Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 5 -- Cancellation of transfer deed in favour of daughter - Property of mother - Transfer deed contains no recital or stipulation indicating that transfer was conditional upon transferee maintaining or providing basic amenities to transferor - However, transfer was part of a family arrangement,..........
Court Fees Act, 1870, Section 7 -- Court fee - Suit for declaration and permanent injunction challenging two sale deeds - Plaintiffs are executants of sale deeds which they seek to set aside - Plea that sale deeds were obtained by fraud or that full consideration was not paid does not alter their status as executants - Even if such allegations are assumed to be true,..........
Criminal Procedure Code, 1973, Section 173(8), 173(2) -- Further investigation/re-investigation - Once a cancellation report is submitted, Magistrate can reject the same by giving reasons or refer the matter for further investigation - He also has option of taking cognizance of offence himself - However, question of rejecting cancellation report and sending same back for..........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant of a document is not required to seek its annulment in terms of S.31 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Non-executant, one who is not a party to document, cannot seek its cancellation but may instead pray for a declaration that such an instrument is null, void, or not binding upon him...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandsons - Respondent Nos.3 & 4 voluntary made a statement that they do not wish to maintain their grandfather from whom they got land transferred - Even, they do not wish to keep transferred land - It is a clear case where inter se family property..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandson - Specific recital in transfer deed that transfer is subject to condition of maintaining senior citizen - But, not even a single instance has been pointed out in application that respondent No.5 who used to maintain senior citizen now stopped..........
Court Fees Act, 1870, Section 7(ivA) -- Ad valorem Court fee - Suit for cancellation of sale deeds - Plaintiff valued the suit on basis of consideration mentioned in sale deeds, which is erroneous, because market value of property involved in sale deeds is to be considered on the date of filing of suit - But trial Court has ignored this fact - Trial Court is directed to..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property in contravention of Ss.8(1), 8(2) of the Act - Voidable transaction executed by guardian of minor can be repudiated and ignored by minor within time on attaining majority either by instituting a suit for setting aside voidable transaction or by repudiating the same by his unequivocal..........
