Evidence Act, 1872, Section 34 -- Entry in books of account - Regularly kept in the course of business - Unbound sheets of paper with certain entries or a particular sheet in which entry was made referring to matter in dispute, though electronically generated, cannot be substituted in place of a document as mandated u/s 34 of the Act, even when there is oral evidence in..........
Agreement to sell -- Specific performance - Time essence of contract - Execution of original agreement and extension agreement have been proved by plaintiff by his own evidence and also that of attestor PW2 - Nothing had been culled out from their cross-examination to doubt their evidence - Therefore, parties out of free will, mutually agreed to extend the time and..........
Partition deed -- Attestation - Partition deed is not a document required by law to be attested...........
Evidence Act, 1872, Section 68 -- Expression `by the person by whom it purports to have been executed' as incorporated in the proviso to S.68 of the Act - It is only the signatory to document who had executed document either in capacity of agent, power holder or representing the minor and persons who signed on document in their individual capacity alone come under the..........
Evidence Act, 1872, Section 68 -- Partition deed - Document of partition was duly registered in accordance with law in force and its execution was not specifically denied by any of signatory to document would sufficiently bring document outside the purview of S.68 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of document - Deed of conveyance executed in favour of person shall not be cancelled without putting person on notice...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and possession - Case of plaintiff that oral partition took place between brothers - Plaintiff permitted his sister, defendant to cultivate property - Case of defendant that property was gifted to her by way of "Stridhana" - There were four female descendants to father of defendant - In such case, oral gift to..........
Agreement to sell -- Execution - Proof - PW1 plaintiff, PW2 sister of plaintiff examined - Version of both of them is of interested version as such cannot be relied - PW3 scribe examined as a witness - Pen and ink used for affixing his signature and signature of DW1 are different from the pen and ink used for preparing the document and it was not properly explained by..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Registration Act, 1908, Section 23 -- Presentation of document for registration - Though statue makes it imperative to present an instrument for registration within four months from date of its execution, however, no time is fixed within which a deed presented and accepted for registration must be registered...........
