Will -- Suspicious circumstances - In application for mutation no mention made of execution of Will - So also, in application for succession certificate in favour of beneficiary, there is no mention of execution of Will - It can be inferred that alleged Will was in existence but was not genuine document - Further, being heir under Will, beneficiary should have applied..........
Civil Procedure Code, 1908, Section 60 -- Agriculturist - Implements of husbandry of agriculturist - Exemption is available only when attachment or sale is in execution of decree - Where seizure and sale is in exercise of power under loan document, exemption provided in S.60(1) of Code is not applicable - Motor tractor-trailer purchased out of bank loan and hypothecated to..........
Evidence Act, 1872, Section 59, 61 -- Document - When a document is proved in the manner laid down by the Evidence Act, the contents of a document are also proved...........
Pronote -- Past consideration is valid consideration to hold that the document has been executed for consideration...........
Evidence Act, 1872, Section 7 -- Insurance policy - It is a public document and falls u/s 7 of the Evidence Act - Copy of the same is admissible in evidence...........
Land Acquisition Act, 1894, Section 51A, 23 -- Mere tendering of a copy of registered sale deed in evidence even though execution of document is proved - No proof of truth of contents of such document - Not correct that by virtue of Section 51-A certified copies of sale deeds enough to prove contents thereof - Mere tendering of certified copies of sale deeds in evidence -..........
Will -- Suspicious circumstances - Exclusion of the branch of one of the sons' family - It is a suspicious circumstance of great magnitude which has to be explained by propounder by independent evidence apart from the recitals in the Will - Onus is on propounder to explain suspicious circumstances - Court must be satisfied as to genuineness of disposition and that..........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Medical negligence - Operation for cataract of complainant - Intraocular lens fitted - Allegation of total loss of vision - Complainant held by State Commission to have failed to discharge the burden of negligence of OP - Complainant dismissed with costs of Rs.1000/- to be paid by complainant to OP - Held that the..........
Criminal Procedure Code, 1973, Section 401 -- Petition for revision - Chief Judicial Magistrate on considering the document produced by alleged accused dismissed complaint - In revision Court of Sessions quashing the order - Revision against - Upholding the order of Ld.Sessions Judge held that Learned trial Court was patently in error in taking into consideration the..........
Transfer of Property Act, 1882, Section 4 -- Transfer of property by husband to his wife in lieu of dower - No registered document effecting such transfer - Wife does not acquire any title to property which continues to be property of husband...........
