Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance of sale of immovable property inherently contemplates completion of transaction which includes execution and registration of sale deed and putting purchaser in possession unless contract or decree indicates otherwise...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Expression "investigation" occurring in S.225 BNSS (S.202 Cr.P.C.) does not connote or import a full-fledged police investigation of nature contemplated upon registration of an FIR under provisions governing cognizable offences...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Issuance of process - Magistrate after examining complainant u/s 223 BNSS and noticing absence of supporting material has consciously chosen not to direct registration of an FIR but instead to invoke S.225 BNSS in order to conduct an inquiry himself to deliberate upon question of cognizance and thereafter either to..........
Registration Act, 1908, Section 88 -- Registration - Exemption from personal appearance for registration - Procedure contemplated u/s 88 of the Act cannot be curtailed merely on the ground that category of persons mentioned therein are stationed in a State different from one where registration is sought...........
Limitation Act, 1963, Section 5 -- Applicability of S.5 of the Act to Registration Act - Office of Registrar, Additional Registrar or Sub Registrar may not be treated as a Court - Accordingly provision contained in S.5 of the Act shall not be applicable in a proceeding under Registration Act...........
Registration Act, 1908, Section 68(2) -- Cancellation of sale deeds - District Registrar is not empowered to cancel the sale deeds, as registering authority has no jurisdiction or authority to adjudicate disputed facts regarding civil rights of parties - Competent civil Court of law alone is empowered to declare civil rights...........
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...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Cheating - Forged and fabricated agreement to sell - Quashing of FIR - Agreement to sell in question shows that there is no visible cutting/alteration at any place - FIR is a pure tactic to escape from civil liability of executing and registering sale deed in favour of petitioners, especially in light of the fact..........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - When property mentioned in compromise decree is nothing but suit property and compromise decree does not take into hold any property other than suit property, compromise decree need not be registered...........
