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...........
Protection of Children from Sexual Offences Act, 2012, Section 8, Registration of Births and Deaths Act, 1969, Section 12, 17 -- Birth Certificate - Sexual assault - Conviction - Age of prosecutrix - As per the birth certificate on record prosecutrix was 17 years old at time of the incident - Accused alleged that birth certificate on record is not a valid document as it no..........
Registration of Births and Deaths Act, 1969, Section 12, 17, Evidence Act, 1872, Section 74, 77 -- Birth Certificate - The birth certificate issued by public officer is also a document forming the record of the act of Public Officer - Therefore, birth certificate is a public document provided u/s 74 of Evidence Act and is admissible by mere production as provided u/s. 77..........
Evidence Act, 1872, Section 74(2) -- Public document - Certified copy of a registered document would be deemed to be considered as public document u/s 74(2) of the Act r/w S.57(5) of Registration Act and it would be admissible in evidence...........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Unstamped Instrument - Not admissible in evidence even for collateral purpose, until the same is impounded - Therefore, if a party wants to mark the document for collateral purpose, it is open for it to pay stamp duty together with penalty and get the document impounded and trial Court is at liberty to mark..........
Registration Act, 1908, Section 49, Proviso -- Un-registered lease deed - Can be shown to prove nature and character of possession but it cannot be used to prove the terms of lease and unregistered lease deed is admissible in evidence for collateral purpose for proving possession of a party...........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Agreement to sell -- Registration - Suit for specific performance - Document not falling under S.17(1A) of Registration Act, 1908 - Unregistered agreement to sell is admissible in evidence in a suit for specific performance. (Registration Act, 1908, Ss.17(1A), 49 Proviso)...........
Registration Act, 1908, Section 17 -- Registration - Relinquishment deed - Relinquishment deed requires to be registered otherwise it is not admissible in evidence...........
