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Tuesday, April 13, 2010

EVIDENCE ACT, 1872

Specific Relief Act, 1963, S.34--Expert Evidence--Permanent Injunction--Notice to plaintiff that he stood guarantor by mortgaging his house by deposite of original sale deed as collateral security for repayment of loan--Statement of plaintiff that he never signed documents to create mortgage duly supported by report of hand writing expert and finger print expert--Case of plaintiff that envelop containing original sale deed was left in house of defendant no.2 and in view to defraud him he gave it to defendant no.1 for securing loan--No person examined by defendants to prove that signature were appended by plaintiff in their presence on documents regarding deposit of title deeds--Mere fact that plaintiff did not lodge any complaint against defendant no.2 did not mean that liability could be fastened upon them which was otherwise not proved--Finding of Courts below that plaintiff created mortgage in respect of property in dispute by way of deposit of title dead as collateral security for repayment of loan advance set aside. ; Ranbir Singh & Ors. v. Haryana Financial Corporation & Ors.; 2010(1) Law Herald (P&H) 597
S.43--Forgery--Sale deed--Binding effect of Civil Court Judgment in Criminal Trial--Merely, on the basis of the Civil Court judgments, it could not be conclusively held, in the Criminal Trial, that the sale deeds were the result of fraud, forgery and misrepresentation--Under these circumstances, the judgments of the Civil Court, cannot be said to be binding, on the Criminal Court, for the purpose of deciding the guilt of the accused, in a criminal case.; Budh Ram v. State of Haryana ; 2010(1) Law Herald (P&H) 631
S.116--Estoppel--Title--Defendant claimed himself to be lessee in property--Even he admitted in cross examination that he had been paying lease money to plaintiff--He is estopped from denying title of her owner/landlord during subsistence of such lease.; Dalipa @ Dhakkar Shah v. Punjab Wakf Board (A Corporate Body) Ambala Cantt., through its Secretary/Ex. Officio, Mutawali.; 2010(1) Law Herald (P&H) 580