Punjab Village Common Lands (Regulation) Act, Section 7 -- Encroachment on public street, removal of by demolishing a part of building constructed on the street-Petitioners in answer to allegations denied encroachment and submitted that they are in possession of residential house from time immemorial and are owners of premises-Plea that as petitioners had claimed title of..........
Evidence Act, 1872, Section 111, Contract Act, 1872, Section 16, 18 -- Signing a partition deed by a person under the bona fide impression that he was executing a Will - Held, when mind did not accompany the signature, the document was of no value and deemed to be void...........
Evidence Act, 1872, Section 68 -- Proviso - Document - Execution - Proof - Neither admission nor specific denial - Expression `specifically denied' in proviso to S.68 - Meaning - Denial to be clear and unqualified and not general - Proof of execution of document - Not dispensed with proviso - If execution not specifically denied - Not necessary to call attesting witness to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Leave to defend - Declined on the ground that the pronote bears the signature of the defendant and is thumb - marked by the witnesses and thus it cannot be taken for granted that the plaintiff had forged and fabricated this document in connivance with the witnesses and has filed the false case - Trial Court has not given..........
Evidence Act, 1872, Section 74, 65 -- Registered sale deed - It is a public document - Certified copy of registered sale is admissible in evidence...........
Document -- Interpretation - If the recitals of a document are clear and unambiguous, the intention of the parties has to be gathered from the recitals of the document itself - If the recitals are ambiguous, the surrounding circumstances may be looked into for ascertaining the true nature of a transaction - Mere form in which a deed is clothed is not decisive...........
Document -- Document whether sale with condition of repurchase or a mortgage with conditional sale - No transfer of ownership on the date of execution but only a right to remain in possession of the property had been given with further condition that in case the original executants failed to pay the money by a stipulated date, another sale deed is to be executed - Mere..........
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...........
