Registration Act, 1908, Section 17, 49 -- U, registered exchange deed - Effect - Exchange deed being an unregistered document having value more than Rs.100 of suit land not admissible in evidence, as it is compulsorily registrable document...........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Exchange deed - Existence of original exchange deed proved on record - Original was lost, while defendant was travelling for which he got registered FIR - Proving of said exchange deed is very much necessary for effective adjudication of case - Trial Court while dismissing application unnecessarily touched issue as to..........
Securities and Exchange Board of India Act, 1992, Section 28A -- Interest on default payments - Despite the fact that S.28A belongs to the realm of procedural law and would ordinarily be retrospective, when it seeks to levy interest, which belongs to the realm of substantive law, the Tribunal is correct in stating that such interest would be chargeable under S.28A read..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10, 10A, 11 -- Jurisdiction - Parties by agreement can confer exclusive jurisdiction to Court at place where part of cause of action has arisen - Parties had signed form to abide the By-laws and these Bye-laws provide that Courts at Mumbai would have exclusive jurisdiction therefore Court at Fatehgarh Sahib lacks..........
Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2013 -- Regls.3, 4 - Unfair trade practice - To attract the rigor of Regls.3, 4 of Regulations, mens rea is not an indispensable requirement and the correct test is one of preponderance of probabilities - To invite penal consequences on..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred without premeditation after sudden altercation between parties which resulted in fatal mishap - There was exchange of words between accused and deceased which led to a scuffle over use of motorcycle - No prior enmity between parties - One fatal injury inflicted - Accused did not take..........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26(2) -- Trial of offences - Adjudicatory forum - Effect of amendment of 2002 - Before amendment trial of offences under SEBI Act was conducted by Court of Sessions or Court of Metropolitan Magistrate or any other High Court - As per 2002 amendment adjudication of offences could not be done by Court..........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26(2) -- Trial of offences - Change of `Forum' - Nature of - Change of forum could be substantive or procedural - Procedural when remedy was yet to be availed of - Where the remedy has already been availed of under an existing statutory provision, the right may be treated as crystallised into vested..........
Securities and Exchange Board of India (Amendment) Act, 2002, Section 26(2) -- Trial of offences - Change of Forum - In case, where the concerned Court has not taken cognizance and commenced trial, in consonance with unamended provision - No vested right can be claimed with reference to `forum'...........
