Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101 -- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the..........
Insurance claim -- Repudiation - External violence - Lack of - The loss of chemical was caused by workers in the Company by draining it out - Held that the matter is covered by malicious damage caused by external means to the property of the insured - The loss was visible physical damage cause by external violent means - Matter squarely covered by Sub - clause 5 of the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Transfer of Property Act, 1882, S.60 - Contract Act, 1872, S.171 - Banking service - General lien - Loan - Deposit of document - Non-return after the loan amount returned - Documents not released as the appellants stood guarantee for other firms - Held that notwithstanding the provisions under Section 60 of the TP Act, the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Petitioner filed suit for permanent injunction - Trial Court held defendants cannot be restrained from raising construction on their own land in their possession - Status quo ordered regarding natural flow of water - Petitioner filed appeal - Dismissed - Concurrent findings - No document on record to prima facie prove that..........
Consumer Protection Act, 1986, Section 22 -- National Commission - Power of - Consensual adjudication - Case referred to an Arbitrator for consensual adjudication - Complaint pending for over 11 years - Evidence recorded - Award could not be made by Arbitrator due to falling health and eye sight - Both the parties have spent considerable amount in prosecuting the matter..........
Specific Relief Act, 1963, Section 31 -- Fraudulent misrepresentation as regards character of a document is void and for setting aside the document by recourse to Section 31 of Specific Relief Act is unnecessary - However fraudulent misrepresentation as regards contents of a document is voidable...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of a document - Before it is admitted in evidence it has to be explained as to what were the circumstances under which photocopy was prepared and who was in possession of the original document at the time when its photocopy was taken and this should be above suspicion...........
Evidence Act, 1872, Section 114 -- Mere putting of signature does not amount to admission of execution of document - Admission as to putting signatures on a blank paper does not amount to admission of execution of document - Burden to prove does not shift on the person who subscribed signature to a blank paper - Evidence to be adduced by plaintiff will be less onerous than..........
Punjab State Election Commission Act, 1994, Section 89, 90, 108 -- Election of returned candidate challenged inter-alia on the ground of corrupt practices - Election Tribunal held returned candidate guilty - Disqualified the candidate u/s 11(b) - Tribunal erred in relying upon the evidence produced by defeated candidate - Evidence produced not able to establish beyond..........
