Will -- Genuineness - Family partition effected by deceased who gave share to all four of his sons - Testator retained some land which he gave by way of Will to plaintiff - Challenge as to the genuineness of Will by the defendants - Will executed by testator himself and the testator died only four years after the execution and the registration of the Will - There was no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Punjab Village Common Lands (Regulation) Rules, 1964, R.6(2) - Injunction - Lease of Shamlat Land - No approval of lease for a period of more than two years by the Director Panchayats - Khasra numbers not mentioned in the lease - No proper lease - Lessee cannot be presumed to be in possession - No prima facie case for..........
Arms Act, 1959, Section 25 -- Accused found in possession of gun with five live cartridges - Trial Court held that as the gun was found loaded, it can be presumed that it was in working order - No evidence led to prove that gun was in working condition and cartridges were live - Cartridges found in gun were empties - Presumption that gun was in working condition improper -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Notice - Partnership firm - Every partner incharge and responsible for conduct of firm is guilty - Such person is presumed to have knowledge about the day to day business of the firm - Every partner need not to be given notice - Notice to firm is sufficient as no person other than the drawer of the cheque is required to..........
Punjab Land Revenue Act, 1887, Section 44, Himachal Pradesh Land Revenue Act, 1954, Section 45 -- Legal presumption of truth attaches to entries in record of rights - Latest entry in record of rights - Presumed to be true but this entry is rebuttable one if contrary proved or a new entry lawfully substituted therefor - When variance between earlier and later entry - Later..........
Punjab Land Revenue Act, 1887, Section 32, 31, 44, Himachal Pradesh Land Revenue Act, 1954, Section 33, 32, 45 -- Settlement record - Generally prepared with much care and accuracy - Court will not easily discard record so prepared during recent settlement - Legally presumed that entries properly and lawfully substituted for previous entry and to latest entry legal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Legal debt and liability - Agreement to sell - Accused making part payment and issuing cheques of balance consideration - Accused put in possession of land and given Power of Attorney to do all acts and deeds in respect of land - Sale transaction not completed - Dishonour of cheque for want of sufficient funds - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment of cheque - Not necessary to mention amount of dishonoured cheque - Amount of cheque can safely be presumed to be known to drawer...........
Punjab Security of Land Tenures Act, Section 2(3) -- Tenants permissible area, claim for - Objection that not a tenant on the land in dispute on 15.4.1953 - No one shown in cultivation of any Khasra number for the year 1952 - 53 - Person shown as a tenant on the land from 1953 - 54 - Can be presumed that he was cultivating the land in earlier years also - Should be..........
Civil Procedure Code, -- Suit for permanent injunction restraining defendants from interfering in lifting of sand and quarry by plaintiff from land shown as Shamlat Den Hasab Rasad Khewat Malkan and as such belonging to Sanjhi Bhumi Committee who had entered into agreement with plaintiff - Sand is `mineral' as defined in Section 3(a) of Mines and Minerals (Regulation and..........
