Specific Relief Act, 1963, Section 19(b) -- Bonafide purchasers - Plaintiff entered into unregistered agreement to sell with defendants but failed to make the payment within stipulated period prescribed in agreement - Subsequent purchasers on the other hand purchased the suit property for value and have paid the money in good faith without notice of original contract -..........
Registered sale deed -- Cancellation - Consolidation authorities have no jurisdiction to ignore registered sale deed - If sale deed was obtained by committing fraud without paying sale consideration, sale deed can only be cancelled by Civil Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - False case - Husband alleges that wife got registered a false case u/ss 107/151 Cr.P.C. against him - However, husband admitted that wife also moved an application before DC for her rehabilitation in her matrimonial home - Under those circumstances proceedings u/ss 107/151 Cr.P.C. had taken place,..........
Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably connected with their official..........
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
Agreement to sell -- Specific performance - Agreement to sell does not require compulsory registration for seeking relief of specific performance - Suit for specific performance based on unregistered agreement to sell accompanied by delivery of possession or executed in favour of a person who is already in possession is not barred by S.17(1-A) of the Registration Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 59 -- Rejection of plaint - Bar of limitation - Suit for cancellation of registered sale deed - Suit filed after prescribed period of limitation of three years - Plaint rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Unregistered document required by law to be compulsory registered cannot be marked in evidence - Even if marked in evidence by mistake, same cannot be acted upon...........
