Registration Act, 1908, Section 17, 32A, 34, Constitution of India, 1950, Article 226 -- Sale deed - Unilaterally executed deed of cancellation - Held, writ petition under Art.226 of the Constitution is maintainable challenging registration of a unilaterally executed deed of cancellation of a sale...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery on the basis of pronote - Scribe of pronote and receipt not examined - Plaintiff stated in cross examination that he collected Rs.2,50,000/- by sale of his land which fact he could not prove - Amount of sale not reflected in income tax return - Held, presumption that every Negotiable Instruments..........
Electricity (Supply) Act, 1948, Section 49, Consumer Protection Act, 1986, Section 2(1)(d)(i), 2(1)(d)(ii) -- Statutes - Interpretation - Title of provision or marginal note - Do not afford legitimate aid to construction of the provision - Use of expression in S.49 of the Act 'supply of electricity' cannot be automatically understood as sale, merely because marginal note..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Principles governing - Analysed - Fixation of market value equivalent with reference to contemporaneous sale transaction is valid - When owner himself has purchased the land few years earlier to the notification u/s 4 of the Act, then consideration mentioned in the sale deed forms..........
Insurance claim -- Repudiation - Loss by Fire which was accidental due to electric short circuit - FSL report that out of 90 sale and purchase bill, 87 were found written by one and the same person while the remaining also by the one and same person - Had all the documents and account books submitted by the complainant being genuine, it may not have taken time of about 6..........
Evidence Act, 1872, Section 61 -- Primary evidence - Suit for possession - Contents of sale-deed - Primary evidence means document itself produced for inspection of Court - S.61 of the Act embodies general rule that contents of a document may be proved either by primary or secondary evidence - If original document exists and is available it must be proved because it is the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that he is willing to execute sale deed if plaintiff deposited the money within time and projected a new case that property had been mistakenly described while what was contemplated to be sold was different property - Defendant also took up a..........
Stamp Act, 1899, Section 47A -- Additional stamp duty - Vendee found in possession of more area of land than disclosed in the sale deed - Petitioner may be a trespasser over the area in excess of the area mentioned in the sale deed - Authority cannot demand additional stamp duty on the said excess area...........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Plaintiff not ready and willing to perform her part of contract - Plaintiff not demanded copies of documents in advance and got sale deed prepared in consultation with defendant - Non-examination of a witness from Postal Department and admission of plaintiff that AD Card does not bear..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Sale deeds pertaining to the portion of lands which are subject to acquisition would be the most relevant piece of evidence for assessing the market value of the acquired lands...........
