Kerala Court Fees and Suits Valuation Act, 1959, Section 25(d)(i) -- Court fee - Suit for declaration or cancellation of document - When cancellation or declaration of a document is null and void is sought, Court fee shall be paid valuing the same on the basis of value shown in the document...........
Evidence Act, 1872, Section 69 -- Proof of document when no attesting witness is found - Both the requirements for applicability of the provision of S.69 of the Act, are mandatory, viz. Firstly identification of the signatures of one of the attesting witness, secondly the signatures of the person executing the document is in his handwriting...........
Civil Procedure Code, 1908, Order 13, Rule 3, 5, 6, 7, 8 -- Admissibility of document - Objection as to admissibility of document is to be raised at the stage when document is tendered as a piece of evidence...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that cheque was given by him to defendant for part payment - However, it was deliberately not stated that on which date it was given to defendant - Even copy of said cheque has not been placed on record - Alleged cheque was tendered by plaintiff which was in possession of defendant..........
Family Settlement -- Receiving consideration by one party by stating to have no claim, right, title and interest over the property in question - Such a document is compulsorily registrable with appropriate stamp duty etc...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Mere reserving right to plaintiff to take up point at a later stage would not by itself entitle for exhibiting disputed document in evidence and marking it as an exhibit and getting it admitted...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Merely because trial Court observed that plaintiff therein who objected to marking of said document can agitate his objections at a later stage in his arguments on the main suit itself, would not entitle party to produce said document and to get it marked as Exhibit and get it admitted in the evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Easements Act, 1882, Section 13 -- Easement - Easement right cannot be created by reading a recitals in document by parties themselves - It has to be proved in the manner known to law as prescribed under the Act...........
Easements Act, 1882, Section 13 -- Easement - Right to cart track - Defendants are not disputing the title of plaintiffs, as their vendors (defendants) were parties to earlier partition - As such when there is no reference with regard to alleged cart track in plaintiff's property in those parent documents, defendants herein cannot claim easement right by way of grant -..........
