Will -- Due execution - Neither attesting witness nor scribe of Will was examined - Will being an instrument required to be attested by law, same could not be used as evidence in the light of bar u/s 68 of Evidence Act - Will held, not proved and thus, cannot be used as evidence...........
Marriage -- By executing marriage agreement and attested by Notary and Oath Commissioner - Law Department of the State is required to look into the matter as to how Notaries and Oath Commissioners are involving themselves in executing the document in respect of marriage, divorce etc. which are not permissible under the law - Neither Notary is authorised to perform the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 34 -- Bail - Marriage performed with one `G' by executing marriage agreement and attested by Notary - Applicant signed the marriage agreement as a witness - After 5/6 days said `G' fled away from his house with all her belongings - Applicant is in custody since 16.09.2020 - Without..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Immovable property - Gift of immovable property must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses...........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Evidence Act, 1872, Section 65(b) -- Secondary evidence of attested copy of cheque and cheque return memo - There is no bar to permit to file photo copy of a document as secondary evidence - Attestation made by banker on the document in question without verification of original would not disable Court from receiving said document - Even if secondary evidence is permitted..........
Power of Attorney Act, 1882, Section 4 -- Power of Attorney - Power of attorney notarized and is attested by Notary - Registration no. of Advocate/Notary is given in seal on stamp paper in Power of Attorney, which clearly shows serial no. and year exist in the document - Objection that serial no. and year is not mentioned in the notary, rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
Agreement to sell -- Specific performance - Readiness and willingness - Presence of party in office of sub-registrar - This is neither mandatory nor sine qua non to prove presence in office of sub-registrar on stipulated date by way of documentary evidence - Even, there is no such requirement of law that an application or affidavit with regard to presence in office of..........
