Evidence Act, 1872, Section 35 -- Death certificate - Issued by competent authority in the regular course of discharge of official duties - Held, it is to be taken as an authentic document as the acts done in the discharge of official duties are presumed to have been done correctly...........
Will -- Testator died on 28.4.1968 - Will alleged to be executed on 1.5.1968 - Held, execution of valid will is not proved - Document is forged, fictitious and manufactured document...........
Registration Act -- Complete code - Enumerates specific reasons for which Registrar or Sub Registrar may refuse to register a document...........
Registration Act, Section 21, 23, 28, 32, 35 -- Provide various grounds on which Sub Registrar can refuse to register a document - Act nowhere provides that Sub Registrar/Registrar can refuse to register lease deed/sale deed pertaining to properties of religious/charitable institutions. Editorial Note. - 1986 P & H 328 UPHELD...........
Civil Procedure Code, 1908, Section 115, Order 11, Rule 14 -- Discovery of document - Before giving a direction to a party to make discovery of document, Court should satisfy itself that the document is relevant for proper adjudication of the matter involved in the suit - In the instant case trial Court while allowing application of plaintiff observed that 'summoning of..........
Evidence Act, 1872, Section 63 -- Secondary evidence - Agreement to sell - Carbon copy - No evidence that original was on a stamp paper - In view of Sections 35 & 36 of Stamp Act, where original document is not admissible as being not duly stamped, secondary evidence of its contents cannot be allowed. (Stamp Act, 1899, Ss.35 & 36)..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Unstamped and unregistered document of Family Settlement creating right in property - Original not produced - Order allowing copy of alleged family settlement in evidence - Illegal...........
Stamp Act, 1899, Section 2(22), 2(S)(b), Negotiable Instruments Act, 1881, Section 4 -- Promissory note or bond - Instrument in question attested by a witness and not payable to order or bearer - Signed by maker promising to repay the amount borrowed to lender without interest immediately after Deepavali or Ugadi - Held, document in question is a bond and not promissory..........
Registration of a document -- Registration is merely a notification of the factum of execution of a document evidencing the event of transaction affecting the title qua any person or property - It has nothing to do with the legality of the transaction covered by the document which may be open to challenge by the affected person in appropriate proceedings at proper forum...........
Lease and licence -- Distinguishing features are (1) to ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create lease or licence; (3) if the document creates an interest in the property, it is a lease, but, if it only permits..........
