Saini Law Associates

25/12/2024

20/07/2022

Specific performance suit is not premature if seller sells out the property or denies the contract.

Suit can be filed before last date fixed in agreement.

Such suit would not be pre nmature.

" This being so, this Court, like the Courts below, has found it to be a case, where the defendant has disowned the suit agreement and his liability under it, giving rise to a mature and perfect cause of action before the suit was instituted.

In view of the defendant's stand, there is absolutely no scope for the plaintiff to have waited for the two years contemplated under the suit agreement to expir.

Mahesh Chandra vs. Avinash Kumar (05.05.2021 - ALLHC) : MANU/UP/0634/2021

2021 (152) RD 86.

2021 (146) ALR 598

10/05/2022

Khatoni

Record-of-right and is not a document of title.

A similar observation was made in Narain Prasad Aggarwal Vs. State of Madhya Pradesh MANU/SC/7729/2007 : (2007) 11 SCC 736, wherein it was held as follows:-

"Record-of-right is not a document of title. Entries made therein in terms of Section 35 of the Evidence Act although are admissible as a relevant piece of evidence and although the same may also carry a presumption of correctness, but it is beyond any doubt or dispute that such a presumption is rebuttable."

Relied in Kalawati vs. The Board of Revenue and Ors. (05.04.2022 - ALLHC) : MANU/UP/0982/2022

29/03/2022

TYPES OF EVIDENCE
according to INDIAN EVIDENCE ACT

There are different types of evidences under the Indian Evidence Act, 1872.
These are mentioned below-

1) Oral Evidence
2) Documentary Evidence
3) Primary Evidence
4) Secondary Evidence
5) Real Evidence
6) Hearsay Evidence
7) Judicial Evidence
8) Non- Judicial Evidence
9) Direct Evidence
10) Indirect Evidence
or Circumstantial Evidence

These are elaborated
below-Quashing of FIR guidelines

1) Oral Evidence – Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.
Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

2) Documentary Evidences – are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

3) Primary Evidence – Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

4) Secondary Evidences – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

5) Real Evidences – Real evidences are those evidences which are real or material evidences. Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

6) Hearsay Evidences – Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

7) Judicial Evidence – Judicial evidences are those which are given before the magistrate in the court. For example- a confession made by the accused before the magistrate in the court is an Judicial Evidence.

8) Non- Judicial Evidence – Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

9) Direct Evidence – Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

10) Indirect or Circumstantial Evidence – Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occured at the crime scene.

24/12/2021

Saledeed.Cancellation.Locus standi.

A person who has contracted to buy land through agreement to sell is not the owner of any interest in the land and is, therefore, not competent to apply to set aside an ex*****on sale of the same land.

Section 54 of TP Act itself says that a contract for sale does not create any interest in or charge upon such property.

This is what has been noticed in Indira Fruits and General Market, Meerut v. Bijendra Kumar Gupta, AIR 1995 All 316.

In other words, a person having an agreement for sale in his favour does not get any right in the property except the right of litigation on that basis.

Sometimes it is also described that a contract for sale is merely a document, creating a right to obtain another documentSee.

Amolak Singh vs. Satendra Kumar Singh (22.02.2016 - ALLHC) : MANU/UP/0337/2016 . =. 2016 131 RD772. = 2016 3 AWC3130All. = 2016 (116) ALR 87

07/11/2020

https://www.blackgown.in/interim-orders-in-writ-petitions-challenging-sarfaesi-proceeding-generally-not-be-passed-without-hearing-the-secured-creditor/

The Supreme Court in a significant pronouncement has noted that interim orders in writ petitions challenging SARFAESI proceedings should