Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Non-holding of preliminary inquiry - Allegations against appellant pertain to the abuse of official position and corrupt practices while holding public office - Such allegations fall squarely within the category of cognizable offences and there exists no legal requirement for a preliminary inquiry before..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Registration of second crime ipso facto need not result in cancellation of bail...........
Registration Act, 1908, Section 17 -- Unregistered agreement to sell - Suit for specific performance - Recitals of agreement shows that possession of property not delivered to plaintiff and same will be delivered at the time of registration of property - Even otherwise, unregistered document may be received as evidence in a suit for specific performance and admissibility..........
Registration Act, 1908, Section 71 -- Refusal to register document on direction of CBI - CBI cannot stop Sub-Registrar from registering document in view of a pending investigation conducted by CBI - CBI has already taken steps to attach properties under criminal case - Property purchased by any third party should be made aware of the fact that such proceedings are..........
Will -- Proof of - Will stands proved by evidence of attesting witnesses - DW4/Clerk from office of Sub Registrar had also appeared and deposed regarding execution of Will - DW4 has further deposed that Will was presented to her for registration by testatrix who was identified by attesting witnesses - DW4 read over contents of Will and explained the Will to testatrix in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(ii) -- (Criminal Procedure Code, 1973, S.167(2) - Default bail - Charge sheet received by Special Judge and an endorsement made `check and then put up' on 24.01.2024 - It is incumbent on part of investigating agency to file final report within a period of 60 days from the date of receipt of information as per..........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - S.156 Cr.P.C does not contemplate recording of preliminary statement of a complainant at the time of issuing a direction for registration of an FIR - In fact a direction in terms of S.156(3) Cr.P.C is issued at pre-cognizable stage...........
Criminal Procedure Code, 1973, Section 156(3) -- Direction for registration of FIR - Magistrate had taken cognizance of offences by recording preliminary statement of complainant and thereafter directed SSP to hold an enquiry with a view to ascertain truth or falsehood of allegations made in the complaint - Having undertaken recourse to procedure it was not open to..........
Registration Act, 1908, Section 17(2)(vi) -- Divorce proceedings - Compromise - Flat in joint ownership of parties - Husband agreed to relinquish his rights over flat in question and wife also agreed to divorce by mutual consent without demanding any alimony from husband - Registration of flat in the exclusive name of wife would be exempted from payment of stamp duty...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Contraband - Investigation is complete and charge sheet has been filed - Case is now fixed for PWs - Applicant has not even whispered about registration of two cases against him under NDPS Act - In such situation, stand of police qua..........
