Evidence Act, 1872, Section 90 -- Thirty years old document - Presumption - Copy of document purported to be more than 30 years old - Document not duly registered and stamped - Such a document cannot be admitted in evidence or exhibited - However, defendant shall be at liberty to raise objections as and when original document is produced and trial Court shall decide the..........
Registration Act, 1908, Section 17(2)(vi), 49 -- Decree or order - Registration - Decree or order of a Court, except a decree or order made on a compromise and comprising immovable property other than that which is the subject matter of suit or proceeding, is not required to be registered - Decree duly stamped and objection as to deficiency of stamp duty rejected...........
Constitution of India, 1950, Article 226, Gujarat Prevention of Anti-Social Activities Act, 1985, Section 3(1), 2(b), Bombay Prohibition Act, 1949, Section 66B, 116B - - Preventive detention - Validity - Solitary FIR for offences under Bombay Prohibition Act registered against detenu - Detenu not a habitual offender - He cannot be said to be dangerous to maintenance of..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35, Transfer of Property Act, 1882, Section 107 -- Unregistered lease deed - Payment of eleven times penalty under Stamp Act - Does not cure the basic defect of non registration of lease deed - Requirement of law u/s 35 Stamp Act on the one hand and requirements of law u/s 17 of Registration Act as well as u/s..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit against unregistered body - Plaint rejected holding that suit is not maintainable - Suit against unregistered body alleging it to be a sham entity having no lawful or bona fide status - Unregistered body strengthens the case of plaintiff rather having opposite effect of rendering suit not..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Public servant - Reduction of sentence - Case registered about 14 years ago - Sentence awarded to accused on both counts reduced from three years to two years - Both sentences shall run concurrently and accused will be entitled to benefit of S.428 IPC...........
Agreement to sell -- Specific performance - Lis pendens - Breach on the part of defendant and not of plaintiff - Sale deed executed and registered during pendency of suit hit by principle of lis pendens - An agreement purchaser has no title to property and is at best a nominee of seller - It is inconceivable that a seller can defeat sale by merely entering into agreement..........
Registration Act, 1908, Section 17, Income Tax Rules, Rule 68B -- Registration of sale deed - Sale deed not registered as there was attachment by Income Tax Department - As per Rule 68-B of Income Tax Rules the attachment lapses after period of three years - Sale of property, in the instant case, was much after the lapse of three years period of attachment by Income Tax..........
Indian Penal Code, 1860, Section 401, 414 -- Gang of thieves - Assisting in concealment of stolen property - Appeal against acquittal - Acquittal upheld - Prosecution has relied upon a large No. of FIRs registered against twenty five co-accused persons including accused respondent No.1, but not a single co-accused person has been convicted for either theft or for robbery..........
Registration Act, 1908, Section 17(1A), 17(2)(v), 49, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Suit for specific performance - Part performance - If a document of the type mentioned in S.53-A of the Transfer of Property Act is not registered, the transferee will not be able to take benefit of the provision of S.53-A - It does not mean that such a..........
