Agreement to sell -- Specific performance - Plea of fraud and misrepresentation - Except the bald statement of defendant in support of the plea there is no other corroborating evidence - A very heavy onus was on the defendant to prove fraud as execution of agreement has been fully proved by the scribe and the attesting witness - Defendant has miserably failed to prove the..........
Will -- Exclusion of natural successors - When natural heirs are excluded and Will is scribed by non professional scribe then the burden is very heavy upon the propounder of Will...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Cutting and overwriting - Overwritings denied by scribe - Held, these can be deemed to be introduced later on...........
Negotiable Instruments Act, 1881, Section 4, 67 -- Pronote - Material alteration - Plaintiff to explain as to when and how alteration was made - In absence of such explanation, plaintiff must fail and onus is on him to show that material alteration was made either with the consent of parties or in order to effectuate common intention of parties - In absence of such plea,..........
Negotiable Instruments Act, 1881, Section 4, 87 -- Pronote - Material alterations - Over-writings of Figure 62 at point A and figure 31 at point C and words Sixty two at point B and words Thirty one at Point D - Not explained by plaintiff - Over-writings not bearing the thumb impression of the borrower or the signatures of the scribe - Unauthorised material alterations..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i) -- Detention order - Non supply of documents - Court has a duty to see whether non supply of any document is in any way prejudicial to case of detenu - While examining whether non supply of a document would prejudice a detenu Court has to examine whether the detenu would be..........
Insurance claim -- Surveyor's report - Loss assessor and surveyor appointed by the OP had scrutinized and concluded that as per verification and details of loss sustained by the vehicle was Rs. 22,191 - Held that the survey report an important document was brushed aside erroneously by the District Forum - Impugned order dismissing the complaint liable to be set aside -..........
Negotiable Instruments Act, 1881, Section 20 -- Pronote - Omission on the part of executant to put date below his signatures on the document - It will not take away right of holder of document to recover amount from persons who borrowed...........
Will -- Scribe - Did not sign the Will as an attesting witness - Held, scribe cannot be treated as an attesting witness...........
Will -- Cuttings and over writings - Will not registered - Scribe failing to explain as to under what circumstances this over writing happened - Signatures of testator on Will did not tally with other admitted signatures when compared by Court - Held, Will is fabricated after the death of testator...........
