Family settlement -- Family settlement or memorandum which itself decides the rights and obligations of parties for the first time and consequently creates right, title or interest in an immovable property valuing more than Rs 100/- requires compulsory registration - If such family settlement is not registered, it is inadmissible in evidence and does not create any right..........
Punjab Tenancy Act, Section 77 -- Validity of Will-Revenue Courts do not have exclusive jurisdiction-Any observation/finding recorded by Revenue Courts with regard to validity or genuineness of Will-Validity of Will assailed before Revenue Courts and adverse finding recorded-Cannot operate as res judicata in civil suit - Exclusive jurisdiction of Revenue Courts only with..........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Repudiation of - Licence of driver alleged to be fake and forged document - Elementary principle of law that the contents of documents may be proved either by primary or by secondary evidence - Merely mentioning of a certificate (document) issued by the Licencing Authority, Cuttack dated 29.01.1992 is of no..........
Pronote -- Where a document contains an unconditional undertaking to pay a certain sum of money it is a promissory note - A note promising payment of money also constitutes promissory note - Mere absence of words `or order' does not render document not a promissory note...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Agreement to sell - Specific performance - Agreement operating to create right of possession and its user of land in favour of other party - Also limiting and extinguishing right of defendants to continue in possession - Document is compulsory registrable - Non registration - Agreement not..........
Will -- Execution - Proof - Principles analysed - (a) the testator must have a disposing mind free from all extraneous influences with sound mental mind; (b) the testator is presumed to be sane having a mental capacity to make a valid Will until contrary is proved; (c) the Will should be executed in accordance with the provisions of the Act as incorporated in Section 63 of..........
Registration Act, Section 17 -- Principle that registration of document is constructive notice-Successive sales and transfers of land in a short interregnum-Public authorities not expected to go on making enquiries in Sub Registrar's Office regarding ownership of property...........
Will -- Sub Registrar - Non examination - By itself is no ground to discard a document which otherwise has been proved according to law...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation on the basis of registered sale deed more than 15 years old-Such old registered document cannot be given effect to in revenue record by Revenue Officer - Only Civil Court competent to adjudicate on such intricate matters...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Party seeking to produce additional evidence is to establish that notwithstanding the exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the decree appealed against was passed - In any other case,..........
