Agreement to sell -- Validity - Agreement in question was written by scribe as per evidence of PW1 - Defendant is an illiterate and rustic person - No whisper whatsoever in agreement as to whether contents of agreement have been read over to defendant and that defendant understood the scope of document - In absence of same, merely on basis of some evidence in support of..........
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..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute relating to lease/tenancy - Petitioner being an individual who is a national of Kenya and is habitually a resident of that country, having entered into a contract and since disputes have arisen under said document, same qualifies as an `International Commercial Arbitration' as..........
Criminal Procedure Code, 1973, Section 190, 202 -- Complaint - Mere statement in order that he has gone through complaint, document and heard complainant will not be sufficient - What weighted with Magistrate to order investigation or to take cognizance should be reflected in the order, although a detailed expression of his view is neither required nor warranted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1000 Tramadol tablets - Recovery from licensed chemist from a place other than licensed premises and in respect of which accused could not produce any document to justify his possession - Such like possession, even if by a licensed chemist would..........
Civil Procedure Code, 1908, Order 13, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 7, Rule 14(3)(4) -- De-exhibiting a document - Document produced alongwith replication, without seeking leave of Court - Same exhibited during examination of plaintiff without any objection being raised by defendant - Defendant also cross examined on..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 74 -- Statement u/s 164 Cr.P.C. - Such statement is a public document - It does not require any formal proof by summoning Magistrate to prove the same...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attesting witness admitted his signatures - Admitting signing the document is sufficient to constitute attestation - Failure to know the contents of document is not relevant consideration to constitute an attestation...........
Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
