Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1514 days in filing application for restoration of suit dismissed in default - Plaintiff pleaded that suit dismissed for default as he was in coma - However, plaintiff completely failed to produce any evidence with respect to his assertion that he was in coma, which prevented him from filing application for..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely taken in first Appeal and..........
Agreement to sell -- Genuineness - Agreement in question is in writing and duly signed by two attesting witnesses - Defendant failed to produce any evidence to prove that agreement to sell is result of fraud - Moreover, on date of execution of agreement to sell, defendant appointed plaintiff as his GPA and executed Will in favour of plaintiff with respect to suit property..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed executed by defendant No.1 on the basis of power of attorney (GPA) executed by plaintiff in his favour - Questions as to whether plaintiff had cancelled the GPA and as to whether sale deed registered is liable to be cancelled, are not questions of law, but question of..........
Stamp Act, 1899, Section 35 -- Insufficiently stamped General power of attorney - Insufficiently stamped GPA - Inadmissible in evidence unless stamp duty and penalty on said GPA is paid...........
Contract Act, 1872, Section 208 -- GPA - Cancellation - Notice - There is no necessity of written notice of cancellation of general power of attorney by the principal to his attorney - However, there must be adequate evidence to establish the factum of notice verbally or written to the attorney and also to the subsequent vendees...........
Consumer Protection Act, 1986, Section 2(1),(b), Power of Attorney Act, 1882, Section 1A, Evidence Act, 1872, Section 68 -- Complainant - Power of Attorney - Plea that GPA signed by the complainant and space meant for signatures of the witnesses left blank - The Power of Attorney Act does not require that Power of Attorney executed is required to be attested by the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Mother-in-law executed GPA in favour of Son-in-law - Son-in-law as GPA sold property to his sons - Suit for injunction by mother-in-law - Application under order 39 rules 1 & 2 for ad-interim injunction restraining defendants from interfering in possession - Defendant to prove actual physical possession handed over to them..........
Specific Relief Act, 1963, Section 10, 20 -- Agreement to sell - Suit for possession by way of specific performance - Plea of prior agreement and bonafide purchaser raised by Defendents - Defendent No. 1 owner of the suit land - Defendent 2 and 3 his brother and nephew - Suit constested on the ground that prior to agreement with the plaintiff, Defendent No.1 entered into..........
