Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of bank loan - There is no document produced on record with regard to sanction of loan, disbursement of loan, bank statement and what amount is unpaid - Accused cannot be convicted in the absence of evidence to show that loan was in fact disbursed to accused - Acquittal..........
Lease/Tenancy -- Surrender of tenancy - Lease between landlord and tenant was subsisting and continuing as per order passed in compromise between parties - Being an admitted document, recording an incontrovertible fact, burden is on landlord to prove that tenant`s tenancy had been terminated or surrendered in a manner known to law, which he failed to do so - Findings..........
Registration Act, 1908, Section 72(1) -- Appeal - Maintainable against order refusing to admit a document to registration - However, appeal against an order admitting a document to registration is not maintainable...........
Will -- Exclusion of heirs - Exclusion of brother or sister - Where testatrix is accompanied by sister of beneficiary of Will and said document is attested by brother, there is no room for any suspicion when both of them have not raised any issue...........
Will -- Due execution - Will in favour of plaintiff not denied by defendants - However, they merely rely upon other unregistered Will - Said unregistered Will found not genuine by both the Courts being forged and fabricated document - Both the Courts thus, given adequate reasoning for not believing said document - In absence of pleadings to the contrary followed by issues..........
Evidence Act, 1872, Section 17, 58 -- Admission - Will - Where a party admits execution of document in the nature of a Will which is otherwise proved in accordance with S.63 of Succession Act and S.68 of Evidence Act, it becomes a relevant fact duly proved in the absence of any discretion by Court...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or outright sale - Document in question purports to be an absolute sale, as it does not contain any stipulation for treating the sale as mortgage - Transaction in question in absence of embodiment as contained in S.58(c) Proviso of the Act, cannot be regarded as security for loan and it is an..........
Will -- Suspicious circumstance - Both the attesting witnesses are the same witnesses as in previous Will - Does not make the Will doubtful, as both the Courts below found that in any village only a few persons are trustworthy confidants for role of testator to be attesting witnesses especially when document like Will is to be executed - No interference warranted in..........
Revenue record -- Lease - Revenue record is not a document of title - Even if the name of lessee finds mention in the revenue record but such entry is without any supporting documents of creation of lease, the same is inconsequential and does not create any right, title or interest over the land claimed to be in possession of the lessee as a lessee...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to explain facts in detail which are necessary to adjudicate the issue involved in the suit as well as to prove circumstances which necessitated to execute alleged sham and nominal document in favour of defendant - Application filed before the suit was ripe for trial - Trial Court though..........
