Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17, 49 -- Unregistered gift deed - Suit for declaration on the basis of unregistered gift deed is nullity in law u/s 123 of T.P. Act, as validity of said document is void ab initio and document is not admissible in evidence u/s 49 of Registration Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration based on unregistered gift deed is nullity in law u/s 123 of T.P. Act - Cause of action cannot arise on basis of void document - Plaint rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Gift deed executed due to care, love and affection shown by petitioner No.1 in favour of respondent Nos.2 and 3 - There is sufficient material on record to demonstrate that petitioner No.1 failed to discharge his obligation towards respondents who are old aged persons..........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Complainant was previously married and has a minor child from said marriage - No decree of divorce dissolving earlier marriage has been placed on record - In the absence of dissolution of subsisting marriage, alleged subsequent marriage with accused is void-ab-initio in the eyes of law - Essential ingredient of S.85..........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Both the parties stand married in law at the time of their alleged second marriage - Marriage contracted during lifetime of a spouse is void ab initio and such a union cannot create legal status of husband and wife...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Sale made without notice to judgment debtor is a nullity, as it divests judgment debtor of his right, title and interest in his property without an opportunity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Executing Court cannot go beyond decree and is bound to execute it as it stands, unless it finds that decree is in-executable, void or incapable of enforcement...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 101, Legal Services Authorities Act, 1987, Section 21, 22E -- Execution - Award of Lok Adalat - Executing Court can address questions which arise incidentally in the course of working out execution, such as whether and to what extent decree can be enforced against a particular person in possession and in what manner -..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where there is a private transfer or delivery of property attached in pursuance of any agreement of sale which was entered into and registered before attachment, S.64(1) CPC would not be attracted, which makes private alienation of property after attachment to be void...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
