Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Void or voidable document - To attract the distinction, clear averments are required to be made in the plaint...........
Partition -- Khasra numbers not mentioned in the document - Becomes void contract being uncertain - Moreover partition not entered in the revenue record and is unregistered - Held, the same is unreliable and no relief can be granted on the basis of such document...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alteration - Plaintiff to explain as to when and how alteration was made - In absence of such explanation, plaintiff must fail and onus is on him to show that material alteration was made either with the consent of parties or in order to effectuate common intention of parties - In absence of such plea,..........
Joint Family Property -- Sisters giving the property to their brother by taking Rs.one only - Partition deed was reduced into writing - Consideration in such type of cases is love and affection, peace and harmony - Partition deed is per se not a void document - Validity of partition deed has not been challenged - Partition deed validly executed...........
Joint Family Property -- Sisters giving the property to their brother by taking Rs.one only - Partition deed was reduced into writing - Consideration in such type of cases is love and affection, peace and harmony - Partition deed is per se not a void document - Validity of partition deed has not been challenged - Partition deed validly executed...........
Will -- Suspicious circumstances - No reason disclosed as to why the other natural heirs are excluded from the list of beneficiaries - No reason as to what prompted the testator to execute the Will, he being neither old nor having any ailment - The language of the Will reveals a professional hand, though alleged to be scribed by a novice - There is inter-spacing in the..........
Registration Act, 1908, Section 17(1)(b), 18 -- Sale deed - Registration - By registration of sale deed it cannot conclusively be taken to be a legal and valid transfer of title - Vendor has still locus to question such sale deed as it may be a void document...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of written instrument and suit for declaration - For cancellation of written instrument two conditions must exist i.e. written instrument is void or voidable against such person; and such person has reasonable apprehension that such instrument if left outstanding may cause him serious injury - So far as declaration..........
Transfer of Property Act, 1882, Section 41 -- Void document - Bonafide purchaser - Sale held to be void on account of defective title of vendor - Protection under Section 41 not available to vendee...........
Specific Relief Act, 1963, Section 31 -- Void document - Decree for setting aside the same - Not necessary as document is non est in the eye of law and it would be nullity...........
