Indian Penal Code, 1860, Section 376 -- Rape - Age - As per birth certificate issued by Sub Registrar, Birth and Death age of prosecutrix 14 years and 3 months - As per dental surgeon age of prosecutrix 12 to 13 years as number of teeth present was upto number 7 i.e. second molar on both sides in each arch - As per radiological examination age of prosecutrix between 15 and..........
Will -- Execution - Suspicious circumstances - Failure to mention two of her sons in Will - No evidence or explanation for the same - Testatrix was of very advanced age and had suffered a fall and broken her thigh bone twice and was operated on both occasions - Testatrix keeping indifferent health after her first fall - Beneficiary took advantage of mishap and subsequent..........
Will -- Execution - Suspicious circumstances surrounding the execution and registration of will - Scribe who drafted the will and Sub-Registrar who registered the Will not examined to conclusively prove the prepration and registration of Will - No evidence to prove that the will had ever been read over and explained to the testatrix before the same was executed and..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for declaration regarding correction of date of birth - Averments in the plaint that plaintiff born and studied at Amritsar - Date of birth entered in the office of Registrar, Births and Deaths at Amritsar - Wrong date of birth in the school register also at Amritsar - Defendant University has no..........
Agreement to sell -- Suit for specific performance - Subsequent purchaser - Sale consideration 1.75 lacs - Subsequent purchaser purchased property for a consideration of Rs.27, 500/- - Reason not explained as to why suit property sold for a meager amount - No amount paid before Sub Registrar - Finding of Courts below that subsequent purchaser failed to prove that sale deed..........
Partnership Act, 1932, Section 69, 63 -- Partnership firm - Registered - Inducting a new partner - Changes in the constitution of the Firm do not change registration once made - Fresh registration need not be applied and obtained - However, changes made have to be notified to the Registrar u/s 63(1) of the Act - Default made by firm in not so notifying is not of relevance..........
Juvenile Justice (Care and Protection of Children) Act, 2000 -- Juvenile - Date of birth - Birth stands registered in the office of Registrar of Births and Deaths as far back as on 01.07.1983 - Name of the petitioner is mentioned as child born on 21.06.1983 - This has to be taken as conclusive proof of the date of birth of the petitioner - The ossification test or any..........
Agreement to sell -- Specific performance - Ready and willing - Specific averment in plaint - Plaintiff remained present before office of Sub Registrar - Fact that plaintiff was having Rs.5760/- instead of balance sale consideration of Rs.7, 500/- is not sufficient to hold that he was not ready and willing to perform his part of the contract in view of the fact that..........
Will -- Execution - Proof - Testator hale and healthy and in sound state of mind at the time of execution of Will - No evidence to show exercise of any fraud or undue influence at the time of execution of Will - Will signed by attesting witnesses and scribe who were duly examined - Will duly registered - Registering Officer and identifying witnesses affixed signatures to..........
Registration Act, 1908, Section 17, Evidence Act, 1872, Section 114 -- Illu.(e) - Registered deed - Plea that Sub Registrar did not read out and explain contents of the document - Court can presume that Sub Registrar performed his duty in accordance with law - When this presumption stands unrebutted, then document cannot be held to be void...........
