Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Indian Penal Code, 1860, Section 323 -- Sexual assault on girl by her father - Mother of victim had not chosen to give a complaint even though appellant is said to have committed grave offences when victim was aged 4 years, 8 years and after she attained puberty - She lodged a complaint of assault on..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - When main relief of cancellation of sale deed of disputed property is not granted to plaintiff, then even consequential relief of permanent injunction cannot be granted to him against true owner of disputed property, who has acquired its ownership on the basis of said sale deed...........
Service -- Dismissal - Charges have not been found to be proved conclusively against appellant - When findings of Enquiry Officer were perverse basing on completely misleading of materials produced before Enquiry Officer, Tribunal was fully justified in setting aside order of penalty - Incident happened in 1988 that is more than 37 years back and meanwhile, delinquent..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Civil Procedure Code, 1908, Section 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party - Even in an application U.O.1.R.10 CPC for addition of a party, O.6.R.17 CPC is required to be followed for the purpose of consequential amendment(s) - When main purpose is to bring change in the nature of relief in the suit, plaintiff ought to have stated..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Will -- Registered Will - Plaintiff filed the suit for ownership and consequential possession on the basis of Will within a period of one year and two months from death of testator - There is thus, no delay in production of Will by plaintiff - Appellant failed to prove that registered Will executed by testator is forged and fabricated - Suit of plaintiff rightly decreed..........
Railways -- Demand for penal freight for excess weightage detected in a consignment - Show cause notice - On raising such a demand when excess weightage has been detected at the time of off-loading, it would be practically difficult, if not impossible, for Railways to issue a show-cause notice to consignor or consignee and to hold a mini-trial to determine the question of..........
