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Documents citing Ishwar Dass Jain (Dead) Thr. Lrs vs Sohan Lal (Dead)By Lrs on 29 November, 1999

Smt. Rama Nayyar vs Sh. Mahesh Puri on 17 October, 2022

Jain (dead) through LRs v. Sohan Lal (Dead) by LRs, DOD : 29.11.1999, Bharpur Singh & Ors. v. Shamsher Singh, (2009) 3 SCC 687, Smt. Ganga Devi v. Ram Saran and Anr., AIR 1973 SC 778, Vidya Devi @ Vidya Vati (Dead by LRs) v. Prem Prakash & Ors., AIR 1995 SC 1789, Aloka Bose v. Parmatma Devi & Ors., AIR 2009 SC 1527, Surendra Kumar v. Nathulal & Anr., DOD : 02.05.2001 and Hon'ble Delhi High Court in Narender Nath v. Krishna Gupta & Ors., 2017(3) CLJ 409 Del.
Delhi District Court Cites 80 - Cited by 0 - Full Document

Dakshinamurthy vs Dhanabal (Died) on 6 August, 2021

32. The decision of the Hon'ble Supreme court in the case of Ishwar Dass Hain (dead) through LRS., vs. Sohan Lal (dead) by LRs., 26/36 https://www.mhc.tn.gov.in/judis/ reported in AIR 2000 SC 426 relied upon by the learned counsel for the Appellants/plaintiffs also supports the case of the plaintiffs. In that case also, the certified copy of the mortgage deed was filed by the plaintiffs and the defendant was called upon to file the original. Since the original was not produced, the Hon'ble Supreme Court held that when the execution of the mortgage deed has not been specifically denied by the mortgagee, it was not necessary for the plaintiffs to call the attestor into the witness box. The Hon'ble Supreme Court held that in such a case, a certified copy of the mortgage deed is sufficient to prove the execution of the said deed. In the case on hand also, excepting for a bald denial of the execution of mortgage deed dated 11.05.1965 marked as Ex.A1 by the defendant, there is no specific denial made by the defendant in his written statement as required under Order 8 Rule 3 to Rule 5 of CPC. Order 8 Rule 3 to Rule 5 of CPC reads as follows:
Madras High Court Cites 27 - Cited by 0 - A Quddhose - Full Document

Smt Lakshmi Devi (Also Referred As Laxmi ... vs Sh Gajinder Singh on 10 February, 2020

Section 60 of Registration Act, 1908 is an extension of mandate as provided under section 114 of Indian Evidence that officials act are performed in regular and legitimate manner. It is also testament to the fact that endorsement as referred in CS No.609098/16 Lakshmi Devi Vs. Gajender singh and Ors Page 36 / 47 section 59 of Registration Act, 1908 has occurred in the manner in which it has been mentioned. Hence, primacy is given to the endorsement made by Registering Authority and as discussed above, plaintiff both in her plaint and also in evidence did not speak anything as to what had happened in the office of Registrar, there is a complete silence on this account by the plaintiff and same establishes to hilt the case of defendants that General Power of Attorney was executed in proper manner.(Reference can be had to the judgement of Ishwar Dass Jain( Dead) Through LrS Vs Sohan Lal ( Dead) SCC 434 vide Paragraph 27 of the judgement that there is a presumption of correctness as relied by Counsel for defendant).
Delhi District Court Cites 31 - Cited by 0 - Full Document

Smt Lakshmi Devi (Also Referred As Laxmi ... vs Sh Gajinder Singh on 10 February, 2020

Section 60 of Registration Act, 1908 is an extension of mandate as provided under section 114 of Indian Evidence that officials act are performed in regular and legitimate manner. It is also testament to the fact that endorsement as referred in section 59 of Registration Act, 1908 has occurred in the manner in which it has been mentioned. Hence, primacy is given to the endorsement made by Registering Authority and as discussed above, plaintiff both in her plaint and also in evidence did not speak anything as to what had happened in the office of Registrar, there is a complete silence on this account by the plaintiff and same establishes to hilt the case of defendants that General Power of Attorney was executed in proper manner . ( Reference can be had to the judgment of Ishwar Dass Jain( Dead) Through LrS Vs Sohan Lal ( Dead) SCC 434 vide Paragraph 27 of the judgment that there is a presumption of correctness as relied by Counsel for defendant).
Delhi District Court Cites 28 - Cited by 0 - Full Document

Kuljit Singh Butalia vs Firstcorp International Ltd on 30 November, 2012

114 Defendant has relied on judgment reported as Ishwar Dass Jain Vs. Sohan Lal, AIR 2000 SC 426 and Gangabai Vs. Chhabubai, AIR 1982 SC 20 where it was held that the bar imposed by sub section (1) of Section 92 of Evidence Act is not attracted when the case of a party is that the transaction recorded in the document was never intended to be acted upon at all between the parties and that the document is the sham. However, in my considered opinion, the judgment reported herein does not apply to the facts of the case as TDS certificates are not the transactions between any individual parties but by a legal entity to the Income Tax Authorities and nobody can plead that statutory documents were executed without intending to rely upon the same and it will be travesty of justice, if courts of justice accept such submission that statutory documents were sham transactions.
Delhi District Court Cites 58 - Cited by 0 - Full Document

Khyali Ram vs Mahaveer Prasad on 15 October, 2009

In Ishwar Dass Jain (dead) through LRs., Vs. Sohan Lal (dead) by L.Rs. (supra), the Hon'ble Apex Court held that the Court (the first appellate court) is under a duty to examine the entire relevant evidence on record and if it refuses to consider the important evidence having direct bearing on the disputed issue and the error which arises as of a magnitude that it gives birth to a substantial question of law, the High Court is fully authorised to set aside the finding. It was further held that where the findings by the Court of facts is vitiated by non- consideration of relevant evidence or by an essentially erroneous approach to the matter, the High Court is not precluded from recording proper findings.
Rajasthan High Court - Jodhpur Cites 18 - Cited by 0 - H R Panwar - Full Document
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