Registration Act, 1908, Section 49 -- A document which is compulsorily registrable, if not registered, will not affect the immovable property comprised therein in any manner - It will also not be received as evidence of any transaction affecting such property except for two limited purposes: (i) as evidence of a contract in a suit for specific performance; (ii) as evidence..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Instrument not duly stamped is inadmissible in evidence - S.35 of Stamp Act is distinct and different from S.49 of Registration Act in regard to unregistered document - S.35 of Stamp Act does not contain a proviso as appended to S.49 for Registration Act enabling instrument to be used to establish..........
Will -- Suspicious circumstances - Deprivation of a heir - Will in favour of sons and grandsons but no share given to widow and daughter of deceased son as widow was possessing good financial position and also receiving pension - Deprivation of a natural heir does not make Will suspicious moreso when Will is duly proved and is a registered document - Even otherwise in..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Indian Post Office Act, 1898, Section 3, 14 -- Notice - Sent by registered post - Received back with postal endorsement `Refusal' - There is presumption of service of notice unless rebutted - When sendee/addressee denies service of registered letter then onus to produce postman is on him - In case he..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conduct of husband - In addition to FIR lodged by wife against husband another FIR was also registered against husband by another person - Though said FIR cannot be directly related to matrimonial dispute between husband and wife but it certainly reflects conduct of husband...........
Service -- Pension scheme under O.M dated 1-5-1987 - Applicability - NVS was established and registered under the Societies Registration Act on 28.02.1986, so its employees cannot be in service as on 01.01.1986 - Moreover first condition for applicability of said O.M is also not fulfilled as they are not Central Government employees - Conditions for applicability of O.M..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Provisions of Transfer of Property Act not applicable in the State of Punjab - Even oral exchange is permissible - No document is required to be executed and registered - Recital in the deed of its proposed course of action in getting the same registered has no telling effect on the lawful execution of exchange..........
Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - Meaning - Owner is a person in whose name motor vehicle stands registered with registering authority and transfer of vehicle takes place only when requirements prescribed under Act are complied with and registering authority enter change of ownership in its record - Owner is the registered owner of..........
Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - After the sale of vehicle neither the transferee nor registered owner took any steps to change the owner in records of Registering Authority and the Certificate of registration of offending vehicle - Held, Registered owner, whose name is in the records of the Registering authority as the owner of..........
