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BOMBAY HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - There is presumption which attaches to correctness of endorsement made on document by Registrar`s office - Thus, it cannot be said that defendant was ignorant about contents of agreement when it was executed...........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 60, 62 -- Certificate of registration - Registered agreement for sale - Sale of flat - Defendant agreed to sell his flat to plaintiffs - Plaintiffs paid entire consideration agreed between parties as per agreement for sale - There is certificate by registering authority in terms of S.62 of the Act - Plaintiffs thus, cannot be deprived of..........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 57, 60 -- Registered document - By itself does not constitute sufficient proof of execution of document - However, Ss.57, 60 of the Act states that certified copy and certificate issued by Registrar would constitute sufficient evidence to prove contents of document and to some extent, it is an evidence of due execution of the document...........

GUJARAT HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 67, Registration Act, 1908, Section 57, 60 -- As per Ss.57, 60 of Registration Act and S.67 of Evidence Act, mere production of a certified copy of a document registered may not be enough to prove the execution of document - However, it is sufficient to prove contents of document - Certificate issued by Registrar u/s.60 of Registration Act is..........

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Evidence Act, 1872, Section 27, 59, 60, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained lathi at the instance of accused - Murder case - I.O did not specifically narrate before Court as to what exactly accused stated to him while giving information u/s 27 of Evidence Act - Actual words as stated by accused to I.O should have been..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 60 -- Limitation - Sale of property of minor by his grandfather - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation - Suit rightly dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2019
Details

Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 23, 29, 60, 61 -- Bail - Offence u/ss 8, 21, 23, 29, 60, 61 - Recovery of about 2 kgs of heroin from the fields of co-accused and after his arrest he named petitioner as one of the members of the gang - Apart from disclosure statement, there is no other evidence..........

GAUHATI HIGH COURT

Year of decision: 2019
Details

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(8), Transfer of Property Act, 1882, Section 60 -- Enforcement of security interest - Borrower`s right of redemption - Neither borrower deposit balance due to secured creditor nor effort made by borrower to deposit the amount - Even, no objection raised by..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60 -- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagee assignee by act of parties received Rs.3000 being mortgage amount from defendant and by putting him possession, mortgage is extinguished - Suit for redemption of mortgage preferred by original plaintiff held, not maintainable...........

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