Legal Updates

Adverse possession - Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner. (2017(2) Apex Court Judgments 634 (S.C.) 

Dishonour of cheque - Managing Director or Joint Managing Director - In charge and responsible - Specific averment not required as they by virtue of their office are in charge and responsible for conduct of business of company. (2017(3) Criminal Court Cases 447 (Kerala) 

Maintenance - Enhancement by Revisional Court - Order implies that enhanced maintenance is payable from the date of order passed by Judicial Magistrate on the application for enhancement of maintenance. (2017(3) Criminal Court Cases 519 (P&H) 

Murder - By sharp weapon as per medical evidence - Non seizure of any such weapon from accused - Makes the prosecution case doubtful. (2017(3) Criminal Court Cases 327 (Gauhati) 

Rent & Eviction - Personal necessity - Sale of two shops by landlord to existing tenants in occupation of the shops - Supports the finding of trial Court that sale was for financial need or in compelling circumstances. (2017(2) Apex Court Judgments 742 (S.C.) 

Additional evidence at appellate stage - Documents sought to be produced formed the very basis of the claim - Reason for not producing the same at the trial stated - Additional evidence allowed. (2010(1) Civil Court Cases 707 (S.C.) 

Arbitration - Appointment - S.11(5) of Arbitration Act cannot be invoked unless one party to arbitration agreement makes a request to the other party to appoint an arbitrator and that party fails to do so within 30 days. (2016(1) Apex Court Judgments 208 (S.C.) 

Conversion/reconversion - It is not essential for anyone to change one's name after embracing a different faith. (2016(2) Apex Court Judgments 591 (S.C.) 

Dishonour of cheque - Jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of territorial jurisdiction. (2016(1) Apex Court Judgments 001 (S.C.) 

Divorce sought on the ground of desertion - Desertion not proved - Petition also contained allegations of mental cruelty, but decree not sought on ground of cruelty - Divorce granted on ground of mental cruelty which was perceptible from material on record. 2014(2) APEX COURT J 708 (S.C.) 

Eviction petition - Bona fide need - Petition through power of attorney - Where the affairs of a party are completely managed, transacted and looked after by an attorney (who may happen to be a close family member), it is possible to accept the evidence of such attorney. (2014(2) Civil Court Cases 739 (P&H) 

Illegal gratification - Demand - Sole uncorroborated testimony of a witness - Demand not established. (2010(1) Criminal Court Cases 093 (Bombay)   

Maintenance pendente lite - Minor child - Entitled to maintenance pendente lite irrespective of the fact that child is not a party in the divorce petition or no application u/s 26 of Hindu Marriage Act was moved in this regard. (2014(2) Civil Court Cases 857 (P&H) 

Plaint - Amendment - Sought on the ground that fact relating to proposed amendment could not be typed due to inadvertence on the part of counsel as well as typist concerned - Amendment disallowed. (2014(3) Civil Court Cases 056 (P&H) 

Property Laws - Allotment of flats by Bank to its employees - Not a part of condition of service - None of employees have any right to retain the allotted premises. (2016(1) Apex Court Judgments 763 (S.C.) 

Quashing of order taking cognizance - Appeal before Supreme Court - Appeal by private parties - It may not be possible to strictly enumerate as to who will have locus to maintain an appeal before Supreme Court invoking Art.136 of Constitution as it depends upon factual matrix of each case. (2016(2) Apex Court Judgments 187 (S.C.) 

Sale or loan transaction - Non delivery of possession - Does not lead to conclusion that it was a loan transaction - So also the fact that plaintiffs waited for about five months to claim possession has no bearing on the plaintiffs' title to the suit property, or their right to claim possession. (2014(3) Civil Court Cases 517 (Delhi) 

Secondary evidence - If a party wishes to lead secondary evidence, Court is obliged to examine the probative value of the document produced in Court or their contents and decide the question of admissibility of a document in secondary evidence. (2016(1) Apex Court Judgments 016 (S.C.) 

Service - Termination - Territorial jurisdiction - Employment at place `A' and employee transferred to place at `P' - Termination on account of closure of establishment - Management situated at place `A' - Labour Court at place `A' and also at place `P' has jurisdiction. (2016(1) Apex Court Judgments 746 (S.C.) 

Test identification parade - When accused is shown to the witness, a test identification parade becomes meaningless. (2010(1) Criminal Court Cases 088 (S.C.)

Arbitrator - Agreement coming to an end by mutual consent - Arbitration clause does not get perished nor is rendered inoperative. (2017(2) APEX COURT J 297 (S.C.)

Cruelty - Harassment is a lesser degree than cruelty. (2017(2) APEX COURT J 513 (S.C.)

Evidence - Recording through video conferencing - Wherever such facility is available, it ought to be fully utilized. (2017(2) APEX COURT J 026 (S.C.)

Eye witness - Statement given in Court - Cannot be discarded merely on the ground that statement u/s 164 Cr.P.C. was not got immediately recorded. 2017(1) Criminal Court Cases 228 (S.C.)

Remand - Reasons are required to be given in support of remand order. (2017(3) Civil Court Cases 088 (S.C.)

Rent and eviction - Stranger engaged in the shop and paid 50% labour charges - It is either a case of partnership or sub-letting. (2017(3) Civil Court Cases 115 (S.C.)

Statement u/s 164 Cr.P.C. - Not to be lightly brushed away - However, statement is required to be considered along with antecedents, facts and circumstances. (2017(2) APEX COURT J 477 (S.C.)

Ad interim injunction - Pending decision on the question of its jurisdiction to entertain suit, Civil Court has jurisdiction to pass interim orders or interim injunction, as the case may be. (2010(1) Civil Court Cases 215 (A.P.)

Co-sharers - Exclusive possession - In absence of documentary evidence, oral evidence regarding exclusive possession is not acceptable especially when suit property was inherited by plaintiff, defendant and other co-sharers equally after the death of their father. 2014(4) Civil Court Cases 053 (P&H)

Counter-claim - For all intents and purposes `counter-claim' is treated as plaint and is governed by rules applicable to plaints - `Counter-claim' cannot be allowed to proceed where defendant has already instituted suit against plaintiff on same cause of action. (2014(3) Civil Court Cases 685 (S.C.)

Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque. (2014(2) Civil Court Cases 506 (S.C.)

Dishonour of cheque - Jurisdiction - Once affidavit is accepted as evidence in lieu of examination-in-chief, it is commencement of recording of evidence - Order returning complaint, set aside. (2015(1) Criminal Court Cases 393 (Kerala)

DNA test - Claim of right in property on basis of relationship as a daughter and the same stoutly denied by defendant - DNA test is very much essential to prove relationship. (2014(3) Civil Court Cases 317 (P&H)

Ex parte decree - Final decree - Fresh summons need not to be served after passing the preliminary decree. (2014(3) Civil Court Cases 467 (Allahabad)

Hire purchase agreement - Hypothecation of vehicle - Seizure of vehicle illegally - Suit for damages - Illegal seizure gives rise to criminal proceedings as well as to approach Civil Court for damages. (2010(1) Civil Court Cases 726 (Kerala)

Limitation - Suit for declaration - Period of limitation is governed by Arts.64 & 65 and not by Art.58 of Limitation Act. 2014(4) Civil Court Cases 636 (A.P.)

Plaint - Amendment - Cause of action for amendment arose during pendency of suit - Proposed amendment ought to be granted. (2014(3) Civil Court Cases 348 (A.P.)

Recall of a witness - Wrong statement made against own record - Court to recall said witness. (2014(1) Criminal Court Cases 112 (S.C.)

Sanctity of recitals in Court proceedings - Available to Court of record i.e High Courts u/art.215 and Supreme Court u/art.129 - Said principle does not extended to other Courts. 2014(4) Civil Court Cases 273 (Bombay)

Specific performance - Decree for specific performance is a decree in favour of both the plaintiff and defendant - Decree of specific performance can be executed either by plaintiff or the defendant. (2014(2) Civil Court Cases 184 (S.C.)

Suit against minor - Minor attained majority during pendency of suit - Did not choose to come on record and contest the suit by himself, must be deemed to have elected to abide by representation of guardian. 2014(4) Civil Court Cases 074 (Kerala)

Written statement - Amendment - Admission - Can be explained by amendment even by taking inconsistent pleas or substituting or altering defence. (2010(1) Civil Court Cases 446 (S.C.)

*Ad interim injunction - Cannot be passed against unknown persons. (2017(3) Civil Court Cases 573 (Delhi)* 

*Ad interim injunction - Police aid - Cannot be denied on the ground that wife of defendant filed another suit and obtained ex parte ad interim order. (2017(3) Civil Court Cases 418 (Hyderabad)* 

*Adverse possession - Plea available to defendant only when he admits ownership of true owner over suit property to the knowledge of true owner. (2017(3) Civil Court Cases 311 (S.C.)* 

*Co-owner - Non demarcation of suit property - Construction of compound wall, within suit property, to protect suit property from further encroachment - Permission granted, upheld. (2017(3) Civil Court Cases 461 (S.C.)* 

*Costs - Court can grant relaxation if, non payment of costs are due to circumstances beyond the control of the defaulting party. (2017(3) Civil Court Cases 517 (P&H)* 

*Court witness - A person can be summoned as a Court witness if he is not already called as a witness. (2017(3) Civil Court Cases 306 (Hyderabad)*  

*Dishonour of cheque - Conviction - Compromise - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law. (2017(3) Civil Court Cases 354 (S.C.)* 

*Dishonour of cheque - Legal principles applicable to Managing Director are also applicable to Managing partner of a partnership firm. (2017(3) Civil Court Cases 299 (Kerala)* 

*Dishonour of cheque - Managing Director or Joint Managing Director - In charge and responsible - Specific averment not required as they by virtue of their office are in charge and responsible for conduct of business of company. (2017(3) Civil Court Cases 299 (Kerala)* 

*Dishonour of cheque - Security cheque - Merely because cheque is issued as a security is no ground to exonerate the penal liability. (2017(3) Civil Court Cases 407 (Allahabad)* 

*Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds. (2017(3) Civil Court Cases 407 (Allahabad)* 

*Divorce - Exemption to file divorce petition within one year of marriage - A case of exceptional hardship to husband - Exemption granted. (2017(3) Civil Court Cases 442 (Uttarakhand)* 

*Divorce - Irretrievable breakdown of marriage - May be supplementary to any other substantive grounds but same not a standalone ground. (2017(3) Civil Court Cases 335 (Hyderabad)* 

*Divorce - Solitary instance of threat to commit suicide in hot talks with husband - By no stretch of imagination can be termed and treated as cruelty sufficient to annul marriage. (2017(3) Civil Court Cases 488 (Rajasthan)* 

*Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Impugned decree set aside - Matter remitted back for decision afresh. (2017(3) Civil Court Cases 474 (Jharkhand)* 

*Ex parte decree - Single application can be filed to condone delay and to set aside ex parte decree, where grounds for seeking both such reliefs are same. (2017(3) Civil Court Cases 375 (Hyderabad)* 

*Ex parte decree - Setting aside - Self induced and self serving misconception in the mind of defendant as regards date of hearing of suit - Not a ground for recalling of ex parte decree. (2017(3) Civil Court Cases 341 (Calcutta)* 

*Ex parte interim injunction - Non compliance of provision of O.39.R.3(a) CPC as directed - Second application filed and Court granted interim injunction for the second time - Held, second application is not maintainable. (2017(3) Civil Court Cases 478 (Karnataka)* 

*Execution - Decree for specific performance - Property not identified definitely - Executing Court to take such steps as may be necessary for fixing identity of property. (2017(3) Civil Court Cases 404 (P&H)* 

*Execution - Third party objections - Proper enquiry needs to be conducted and same cannot be summarily disposed of. (2017(3) Civil Court Cases 469 (Hyderabad)* 

*Interlocutory proceedings - Findings recorded therein - Do not in any manner affect and come in the way of disposal of suit on merits. (2017(3) Civil Court Cases 395 (S.C.)* 

*Law applicable to appeals applies to revision as well - No decree can be reversed or substantially varied in appeal on account of mis-joinder or non-joinder of parties. (2017(3) Civil Court Cases 381 (S.C.)* 

*Maintenance - Decree of restitution of conjugal rights in favour of husband - Not a bar to grant maintenance. (2017(3) Civil Court Cases 446 (Allahabad)* 

*Maintenance - Default in payment - Court can enforce order of maintenance or interim maintenance only as provided u/s 125(3) Cr.P.C. and not by striking off contentions of husband. (2017(3) Civil Court Cases 439 (Kerala)* 

*Maintenance - Merely because wife is capable of earning is not a sufficient reason to reduce maintenance. (2017(3) Civil Court Cases 346 (S.C.)* 

*Maintenance pendente lite - Claim by husband - Can be treated only in exceptional cases. (2017(3) Civil Court Cases 365 (Kerala)* 

*Maintenance pendente lite - Claim by husband - Idleness of husband - No evidence adduced to show that in spite of efforts husband could not get any employment - Not entitled to maintenance pendente lite. (2017(3) Civil Court Cases 365 (Kerala)*  

*Maintenance u/s 125 Cr.P.C. - Territorial jurisdiction is determined on date of filing of application - Even if wife resides at a place temporarily on the date of filing of application, concerned Court within whose territorial jurisdiction she is residing, can entertain such application. (2017(3) Civil Court Cases 523 (Orissa)* 

*Marriage - Girl aged 14 years and boy aged above 18 years - Till the minor child attains the age of majority, parties are merely contracting parties and not husband and wife. (2017(3) Civil Court Cases 490 (Gujarat)* 

*Marriage - In contravention of S.5 of Hindu Marriage Act - Marriage is null and void - It does not require any order of Court to say that marriage is null and void - To get a declaration to that effect is optional. (2017(3) Civil Court Cases 533 (Bombay)* 

*Material alteration - Alteration in date so as to bring suit within period of limitation - It is a material alteration - It renders the document void. (2017(3) Civil Court Cases 328 (Madras)*

*Mohammadan Law - Does not recognize adoption. (2017(3) Civil Court Cases 311 (S.C.)* 

*Notice - Relationship of landlord and tenant not established - Question of terminating tenancy by proper service of notice u/s 106 of the Act is of no significance. (2017(3) Civil Court Cases 397 (Rajasthan)*

*Partition - Partial partition - Not impermissible in all events. (2017(3) Civil Court Cases 425 (H.P.)* 

*Passage - Mere recital in the sale deed cannot establish existence of passage - Recital in the sale deed has to be corroborated from other cogent, convincing and reliable evidence. (2017(3) Civil Court Cases 568 (P&H)*

*Permanent injunction - Relief in part granted as Revenue Authority granted mutation of part of land - Bonafide purchase of entire property by plaintiff - Decree of permanent injunction granted of entire land. (2017(3) Civil Court Cases 389 (Tripura)* 

*Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant. (2017(3) Civil Court Cases 314 (P&H)* 

*Recovery of money claimed under a contract - Date of final payment is crucial for determination of period of limitation - Claim for additional payment after payment of final bill - Claim entertained and rejected - Limitation to file suit for rejected claim is three years. (2017(3) Civil Court Cases 562 (S.C.)* 

*Rent & Eviction - Relationship of landlord and tenant - Proof - Basic fact, as to since when tenancy started, conspicuously missing in the plaint - It creates serious doubt about the existence tenancy. (2017(3) Civil Court Cases 397 (Rajasthan)* 

*Rent and eviction - Bona fide requirement - Order of eviction - Death of landlord during pendency of appeal - L.R's continued the family business - Cannot be relegated for another round of litigation - However, in a given case the bona fide requirement of original landlord and that of surviving legal heirs may vary - Eviction order passed by First Appellate Authority, restored. (2017(3) Civil Court Cases 487 (S.C.)* 

*Will - Beneficiary attesting will - Document does not become void ipso facto - If any benefit is given to attestor by way of a bequest or by way of an appointment, he would not get any right as that bequest or appointment shall be void in so far as he is concerned. (2017(3) Civil Court Cases 378 (Kerala)*

*Will - Execution - Scribe of Will one of the attesting witness - There is no law that he is the best witness and he alone is competent to depose about execution of Will. (2017(3) Civil Court Cases 510 (Madras)*

Arbitration - Further time sought to file written statement - Filing of such an application without reply to the allegations of plaint does not constitute first statement on substance of dispute. (2017(1) APEX COURT J 299 (S.C.) 

Domestic Violence - Interim maintenance - Magistrate is not bound to hear the opposite party. (2017(3) Criminal Court Cases 114 (Rajasthan) 

Maintenance - Merely because wife is capable of earning is not a sufficient reason to reduce maintenance. (2017(2) APEX COURT J 528 (S.C.) 

Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit. (2017(3) Civil Court Cases 144 (Chhattisgarh)  

Rejoinder to amended written statement - To be confined to the amended portion - Plaintiff cannot by way of rejoinder introduce pleas which are not consistent with earlier pleadings. (2017(2) CIVIL COURT CASES 678 (Rajasthan) 

Will - Propounder of Will need not examine himself, particularly, when it is not the case of propounder of Will that he was present at the time of execution of Will. (2017(3) Civil Court Cases 209 (Delhi) 

Additional evidence at appellate stage - Can be allowed to even that party who has not lead any evidence in the trial Court. (2014(3) Civil Court Cases 356 (P&H) 
Bar of O.2.R.2 CPC must be specifically pleaded and trial court should specifically frame a specific issue - Plaintiff should be given an opportunity to demonstrate that the cause of action in subsequent suit is different. 2014(2) APEX COURT J 200 (S.C.) 

Contraband - Information received in police station - Sufficient time to take action - Failure to record in writing or failure to send copy to superior officer - It is a suspicious circumstance being a clear violation of S.42 of NDPS Act. (2010(1) Criminal Court Cases 444 (S.C.)   

Delegation of power - A delegate has no power to delegate. 2014(2) APEX COURT J 509 (S.C.) 

Dishonour of cheque - Court should make all possible attempts to encourage compounding of offence at an early stage of litigation - In a prosecution under the Act, compensatory aspect of remedy must be given priority over the punitive aspect. (2014(3) APEX COURT J 667 (S.C.) 

DNA report of CDFC, Hyderabad - Cannot be read in evidence unless it is proved according to provisions of Evidence Act. (2014(1) Criminal Court Cases 612 (Allahabad) 
Equity - Indulging in violation of laws obviously for the purpose of saving of stamp duty and income tax - Equity is not in favour of such party and such party is barred from any relief. (2014(3) Civil Court Cases 023 (Delhi) 

Hypothecated vehicle - Bank forcibly taking possession - Use of force is not permissible under Hire Purchase agreement - Question as to whether force was used or not by recovery agents is the question of fact to be determined during trial and same cannot be adjudicated in a petition u/s 482 Cr.P.C. - Petition dismissed. (2015(1) Criminal Court Cases 616 (Rajasthan)   

Maintenance - Payable from the date of application - Husband not paid even a single penny since she left matrimonial house - Held, there was sufficient reason in the judicial mind to allow application from the date of its filing. (2015(1) Criminal Court Cases 848 (Allahabad)   

Pleadings - Inconsistent pleadings of parties can be given consistency by Court with reference to admitted facts. (2014(3) Civil Court Cases 764 (Delhi) 

Registered document - Terms of document can be varied/altered by a registered document only. (2014(3) Civil Court Cases 023 (Delhi) 

Specific performance - Agreement providing payment of balance sale consideration only on delivery of title and physical possession - Deposit of balance sale consideration in Court amounts to making a new contract which is beyond the scope of jurisdiction of specific performance. (2014(2) Civil Court Cases 001 (Delhi) 

Specific performance - Efflux of time and escalation of price of property by itself not a valid ground to deny relief of specific performance - Court in its discretion may allow additional amount. (2014(3) APEX COURT J 580 (S.C.) 

Transfer by unauthorised person who subsequently acquires interest in property transferred - A right accrues to the purchaser to claim interest in the said property and it automatically goes in favour of the transferor. (2014(3) APEX COURT J 038 (S.C.) 

Voluntary retirement scheme - Completion of service for 19 years and 6 months - Treated to have completed 20 years of service. (2014(3) APEX COURT J 419 (S.C.)

Agreement to sell - Specific performance - Plaint must contain all requirements of S.16(c) of Specific Relief Act read with requirements contained in Form Nos.47 and 48 of Appendix `A' CPC. (2017(2) Civil Court Cases 368 (S.C.) 

Divorce - Cruelty - Merely filing of complaints is not cruelty, if there are justifiable reasons to file the complaints - However, if it is found that the allegations are patently false, then said conduct of spouse levelling false accusations against the other spouse would be an act of cruelty. (2017(2) APEX COURT J 287 (S.C.) 

Maintenance - Decree of restitution of conjugal rights in favour of husband - Not a bar to grant maintenance. (2017(3) Criminal Court Cases 141 (Allahabad) 

Production of documents - Documents which came into existence after filing of suit allowed to be taken on record and disallowed those documents which were in existence at the time of filing of suit. (2017(2) CIVIL COURT CASES 802 (Rajasthan)

Second complaint - Filed by very same complainant before the same Police Station, having direct effect on the first complaint - Second complaint not maintainable and quashed. (2017(3) Criminal Court Cases 267 (Gujarat) 

Adverse possession - Plaintiff cannot seek declaration of title on the basis of adverse possession. (2014(2) Civil Court Cases 378 (Delhi) 

Bail - Person who surrenders in Court - He can be said to be in custody for the purpose of S.439 Cr.P.C. - Bail granted. (2014(1) Criminal Court Cases 783 (H.P.) 

Condonation of delay - When mandatory provision is not complied with and delay is not properly, satisfactorily and convincingly explained, Court cannot condone the delay on sympathetic grounds alone. (2014(3) Civil Court Cases 470 (S.C.) 

Default bail - Statutory period to be counted from the date of remand - The day on which remand was granted has also to be included in calculating the statutory period. (2014(1) Criminal Court Cases 353 (P&H) 

Dishonour of cheque - Company - Director - Proceedings can be quashed when there are unimpeachable evidence or glaring circumstances, even when there is basic averment that such and such Director is in charge and responsible for conduct of business of company. (2014(3) APEX COURT J 699 (S.C.) 

Dishonour of cheque - Loan - Complainant failed to produce any document of his income or establish that he was capable of advancing a loan - Acquittal upheld. (2014(1) Criminal Court Cases 305 (Delhi) 

Dishonour of cheque - Six months validity period of cheque - Cheque drawn on 31.12.2005 - Day on which cheque was drawn has to be excluded - Period of six months will expire at the end of the 30th day of June, 2006 - Cheque presented on 30.6.2006 is within period prescribed. (2014(2) Civil Court Cases 159 (S.C.) 

Execution - Objections - Framing of issues - When on its face, objections are found to be frivolous, no issues are required to be framed. (2014(2) Civil Court Cases 765 (P&H) 

Hindu Law - Coparcenary property - Sale - Not supported by family necessity - Sale set aside - L.R's to deposit sale consideration. (2014(3) Civil Court Cases 758 (P&H) 

Joint trial - Power u/s 151 CPC does not depend upon consent of parties - It depends upon convenience of trial, saving of time and expenses and the avoidance of duplicating at least a part of the evidence. (2007(1) APEX COURT J 120 (S.C.) 

Moral turpitude - Not confined to offence relating to sexual crimes. (2010(1) Criminal Court Cases 173 (P&H)   

Rape - Statement of prosecutrix u/s 164 Cr.P.C. - To be kept in secret till final report is filed. (2015(1) Criminal Court Cases 020 (Kerala) 

Service - Relationship of master and servant is a question of fact and that depends upon the existence of power in the employer, not only to direct what work the servant is to do but also the manner in which the work is to be done. 2014(2) APEX COURT J 394 (S.C.) 

Specific performance - Consideration of Rs.16.10 lakhs - Increase in prices - Appellant to pay consideration of Rs.25 lakhs. (2014(3) APEX COURT J 426 (S.C.) 

Where a party had no right to land in respect of which he executed a document, at the time of its execution, but acquires a right to it subsequently, the document executed by him earlier becomes a valid document and he is bound to honour the said document. (2014(3) Civil Court Cases 120 (A.P.)