Transfer Of Property Act (4 of 1882) S.123 Civil P. C. (5 of 1908), O. 8, R.

3 Gift deed Execution Plaintiff claiming suit property on basis of

gift deed executed by father of defendants Denial of plaintiffs case by
defendants However, there was no specific denial of execution of gift
deed by defendants Defendants had used words concocted and
alleged while referring to gift deed That alone would not indicate that
execution itself has been denied Plaintiff cannot be non-suited by
holding that gift deed is not proved in view of non-examination of
attesting witness Plea raised by defendant for first time that secondary
evidence i.e., certified copy of gift deed should not have been permitted
Not tenable. AIR 2003 SC 4548, AIR 1959 Mys 148, AIR 1960 Mys 234, AIR
2004 SC 4082, Rel. on. (Paras 15, 18, 19)
AIR 2010 (NOC) 148 (KAR.)

Stamp Act (2 of1899) S.35 Objection as to deficiency of stamp duty of

document Court is bound to decide objection before proceeding further
Making document in evidence subject to objection to be decided at later
stage, improper. AIR 2001 SC 1158, Rel. on. (Para 8)
AIR 2008 ANDHRA PRADESH 3

Stamp Act (2 of1899) S.3(West Bengal Amendment) Evidence Act (1 of

1872), S. 63 Agreement for sale Original agreement for sale not
properly stamped Xerox copy of same can be accepted by Court as
secondary evidence in suit for specific performance.

AIR 2007 (NOC) 1976 (CAL.) ::

Evidence Act (1 of 1872) S.65 Permission to lead secondary evidence of

document Original document was in possession of other party
Generally other party would not be inclined to produce original if such
document goes against his case Consequently there cannot be any
objection for permitting production of secondary evidence by petitioner.
2001 (6) Andh LD 229, Rel. on.

AIR 2008 (NOC) 475 (A.P.)

Evidence Act (1 of 1872) S.65 Secondary evidence Refusal to admit

Ground that Court on earlier occasion refused to admit it as primary
evidence Improper Merits, demerits and genuineness of document
can be gone into at appropriate stage Petitioner allowed to mark
document in question as secondary evidence. AIR 2002 Mad 278, AIR 2006
Kant 95 and AIR 2006 Raj 81, Rel. on. AIR 2009 (NOC) 1574 (A.P.)

Evidence Act (1 of 1872) S.65, 63 Recording of secondary evidence

Practice Certified copy of Will marked as Exhibit Quashment of same
sought on ground that since conditions of Ss. 63 and 65 are not met said
document cannot be admitted as secondary evidence Held, mere
marking as Exhibit does not mean document concerned has been proved
Marking is done in pursuance of new practice introduced by SC in 2001 (3)
SCC 1 Exhibit not liable to be rejected.
AIR 2009 (NOC) 1482 (MAD.)

Evidence Act (1 of 1872) S.65 Documentary evidence Admissibility

Certified copy of registered gift deed No evidence produced as to where
original gift deed had gone However certified copy issued by office of
Sub-Registrar was on basis of entries in Book I Said certified copy can
be accepted as certified copy of public document. AIR 2006 MP 107, Rel.
on.
Evidence Act (1 of 1872) S.65 Secondary evidence Objection as to
admissibility Is to be taken at stage of admission Such objection
cannot be allowed at later stage.
2010 (1) ABR (NOC) 2 (BOM.) (Nagpur Bench)

Registration Act, (16 of 1908) S.49, 17 Admissibility of document

Relinquishment deed Plaintiff stated to have relinquished her rights
over joint family properties, movable and immovable under document in
question It was not recording a past transaction whereunder party had
already relinquished her rights Documents not properly stamped and
unregistered, would be inadmissible in evidence. 2001 (2) Andh LT 417,
Disting. 2009 (5) Andh LT 132, Rel. on. (Para 18)
AIR 2010 ANDHRA PRADESH 158

Stamp Act (2 of1899) Sch.1A, Art. 47-A Expl. 1 Agreement to sell Not
followed by or evidencing delivery of possession Agreement would not
fall under Expl. 1 of Art. 47-A for purpose of stamp duty It would be

treated as simple agreement to sale Question of impounding such

document would not arise.
AIR 2011 ANDHRA PRADESH 1

Abdul Rahman & Anr. vs Haji Abdul Rashid &

Anr.
Allahabad
High
Court
Second
Appeal
No.
Decided on 19/10/2012

Single
Judge
]
1049
of
1978

Transfer Of Property Act (4 of 1882) S.53(1) Fraudulent transfer Auction sale

Suit for mandatory and prohibitory injunction for setting aside of, filed by vendee
attachment of land after execution of sale-deed did not mean that vendee was
bona fide purchaser or that he had no knowledge of decree passed against original
owner or that he had no knowledge of execution proceedings Concurrent findings
that vendee was not a bona fide purchaser And had not paid full value mentioned
in sale-deed sale-deed executed by owner in favour of vendee was a fraudulent
transfer in order to defeat decree and was hit by sub-clause (1) of S. 53. (Paras 13, 15)
Hon'ble
Judge(s):
Citations :: 2013 (2) ALJ 658 ::

TARUN

AGARWALA

::

V. Shankaranarayana Rao (D) by L.Rs. &

Ors. vs Leelavathy (D) by L.Rs. & Ors.
Supreme Court of India
Civil
Appeal
No.
Decided on 11/05/2007

[ Division
7117
of

Bench ]
2000

Transfer Of property Act (4 of 1882) S.41 Benami transaction Motive on part of

person advancing consideration Most relevant in determining nature of
transaction Claim for partition by daughter of her fathers property Refuted by
brothers on ground that suit properties were purchased by father in their names and
were their personal property Court holding transactions of purchase to be benami
Without considering intention of father advancing purchases and totality of
circumstances Order liable to be set aside. R.F.A. No. 220 of 1991, D/- 26-2-1999
(Kant),
Reversed.
(Paras
11,
12)
Hon'ble
Judge(s):
S.
B.
SINHA ::
MARKANDEY
KATJU
::
Citations :: 2007 AIR SCW 4757 (From : Karnataka)* :: 2007 (5) AIR Kar R 272
(SUPREME COURT) (From : Karnataka)* :: AIR 2007 SUPREME COURT 2637 (From :
Karnataka)* ::

Section 64- Private alienation of property after attachment to be void.

Sub Section (1)

*Where an attachment has been made, any private transfer or delivery of the property
attached or of any interest therein and any payment to the judgment-debtor of any debt,
dividend or other monies contrary to such attachment, shall be void as against all claims
enforceable
under
the
attachment.
*Section 64 renumbered as sub-section (1) and sub-section (2) inserted by CPC Act No. 22 of
2002, section 3 (w.e.f. 1-7-2002).

document objection to marking

AIR 1991 AP 31
AIR 2003 SC 3167
alienation of property after attachment

Braja Sundar Nanda vs Pravabati Kar and others.

Orissa High Court [ Single Judge ]
W.P. (C) No. 14123 of 2012
Decided on 14/08/2013

Stamp Act (2 of1899) S.33, 35, Sch. I Entry 23 Registration Act (16 of 1908), S. 17
Instrument not duly stamped Admissibility Agreement to sell If not
adequately stamped and registered cannot be admitted in evidence even for
colateral purposes Said document liable to be impounded marking said
document as exhibit with objection, not proper. AIR 2009 SC 1489, Rel. on. (Paras
14, 15)

Hon'ble Judge(s): M. M. DAS ::

Citations :: AIR 2014 ORISSA 1 ::