Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Gift deed in question was a conditional unregistered gift deed scribed in an unstamped paper - As per S.123 of the Act, transfer must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - Even if attesting witnesses had been examined, same..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioner failed to establish his possession over suit property on basis of unregistered agreement to sell or that said agreement contains any clause of transfer of possession - Agreement which does not even reflect transfer of possession of suit property, cannot entitle petitioner for..........
Registration Act, 1908, Section 17, 49 -- Mortgage - Unregistered - Mortgage deed is inadmissible in evidence - However, plaintiff has right to recover loan amount of Rs.2 lakhs, on the basis of execution of receipt thereof which stands established alongwith interest at the rate of 12% per annum and future interest at the rate of 6% per annum...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Agreement to sell - Plaintiff is entitled to protect his possession, may be under an agreement of sale, except in due course of law - Relief of injunction cannot be denied on the ground that agreement to sell is unregistered...........
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A) -- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A)..........
Trade Marks Act, 1999, Section 27, 29 -- Infringement of Trademark - Passing off - Difference - Infringement of trademark means violation of exclusive rights granted to registered proprietor under the Act to use the same in relation to the goods or service in respect of which trademark is registered - Whereas Passing off of a trademark is a tort actionable under common law..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that Will in question is null and void - Will in question is unregistered document, therefore there is no question of canceling or setting aside said instrument - Art.59 of Limitation Act thus, not applicable - Similarly, unregistered Will cannot be said to be an instrument issued or registered as it is..........
Registration Act, 1908, Section 17 -- Compulsory registrable document - Document unstamped and unregistered - One of the defects cured by paying penalty as well as requisite stamp duty - Still the document cannot be said to be admissible for `any purpose.'..........
Partition -- In between one `R' and defendants No.1 & 2 - Defendants No.1 & 2 having no title in the property - For partition, the other party should also have title or share in that property - When `R' was creating right or share of defendants No.1 & 2 in the said property, then such document becomes `inadmissible' being unregistered...........
Agreement to sell -- Suit for specific performance - Plea of unregistered agreement to sell - Cannot be taken...........
