Partnership Act, 1932, Section 64 -- Rectification of mistake - Re-entry of a retired partner - Retirement of appellant from the partnership firm was obtained on the basis of a forged document as at the time of executing the retirement deed and form `E', appellant was not present - State Forensic Science Laboratory report shows dissimilarity in the disputed signatures of..........
Evidence Act, 1872, Section 90 -- Sale deed - Executed in the year 1965 - Objections as to fraud and misrepresentation - Plaintiff neither pleaded nor proved as to how consideration of sale deed was paid - No evidence as to who was the deed writer of sale deed or before whom the document executed - Sale deed executed between father of plaintiff or defendant no.1, but no..........
Will -- Suspicious circumstances - Testator bequeathing suit property in favour of his attorney to the exclusion of his wife and two sons with whom he has good relations - Evidence of attesting witnesses and registrar does not evince animo attestandi, an essential imperative of valid attestation of a Will - Evidence of said witnesses does not exhibit either denial of..........
Constitution of India, 1950, Article 226, 227 -- Jurisdiction - Challenge to orders of an inferior court - Article 227 gives supervisory jurisdiction - Writ of Certiorari under Article 226 can be invoked only when scope and ambit of remedy sought does not fall in purview of the scope of supervisory jurisdiction under Article 227 - Instantly petition challenging orders of..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Dispute regarding amount payable by appellant - Matter pending before Joint Registrar of Cooperative Societies - Additional Registrar directed to decide the case within six months from date of intimation of this order - Directions issued...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing before office of sub-registrar proves that he was not..........
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraining alienation - Court can certainly direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1...........
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraint order - Court can direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1 - However, in such cases, when suit or appeal or proceedings wherein interim order of injunction restraining..........
Registration Act, 1908, Section 71 -- Registration - Issue of title - Registrar cannot refuse to register a document on ground of title - Such a dispute is in the exclusive domain of civil court - A dispute of title can never be used before a Registrar by any party...........
Constitution of India, 1950, Article 226, 227, Lokayukta Act, 2002, Section 11, 12, 13, 14 -- Writ jurisdiction - Power of registrar - It shall be competent for the Lokayukta if he wants to invest in Registrar any power to extent as is contemplated in sections and his own activities shall stand restricted to it - Registrar himself shall not pass any order beyond what is..........
