Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Complainant claiming repayment of debt on basis of unregistered and unstamped Memorandum of Understanding - According to Stamp Act, 1899, Courts can receive u, stamped or insufficiently stamped documents in evidence without insisting..........
Registration Act, 1908, Section 17 -- Registration - Memorandum of understanding - Requires compulsory registration where it purports to declare a right in an immovable property and also acknowledges receipt of payment of consideration as a result of declaration and assignment in such right, title and interest...........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - Impounding of instrument - Memorandum of understanding (MoU) - Property in question is situated in Goa - Determination of stamp duty payable thereon has to be made by Collector of Stamps in Goa and not by authority of Delhi, where MoU is executed - Original MoU is thus, impounded and sent to Collector of Stamps in Goa..........
Army Act, 1950, Section 191, Constitution of India, 1950, Article 16 -- Dynamic Assured Career Progressive (DACP) Scheme - Promotion - Implementation in relation to officers of Army Medical Corps. - Office Memorandum including the Office Noting on the file at different levels, prima facie, indicates that there was a clear exclusion of applicability of DACP Scheme to..........
Indian Penal Code, 1860, Section 379, Evidence Act, 1872, Section 3 -- Theft - Appreciation of evidence - Evidence of PW1 & PW2 reveals that on the date of incident, sometime prior to incident, accused had come to the office of District Industries Centre and after sometime of his going back from office theft of motorcycle came to the knowledge of PW1 & PW2 - Even,..........
Constitution of India, 1950, Article 226 -- Writ - Central Government Health scheme - Residence alone is criteria for eligibility for availing medical facilities under CGH scheme - In eligibility criteria, certain categories are mentioned which are entitled to benefit of said CGH scheme - Petitioner is a registered society, which has its own Memorandum of Association -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 6.150 kg opium - Secret information recorded and reduced into writing - Since there was paucity of time PW5, who received the information had reasonably felt that if efforts are made to obtain search warrant, culprits can escape, therefore memorandum was prepared in this behalf and copies of..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Mortgage suit - Once a person comes to Court with a positive stand that document No.4 was only a memorandum of deposit of title deeds post facto, it is not open to Court below to return the plaint on the presumption that there was no valid mortgage deed - Validity of mortgage deed is completely different..........
Criminal Procedure Code, 1973, Section 278(2) -- Incorrect recording of evidence - Object of S.278(2) Cr.P.C. is to ensure that evidence of witness is recorded accurately and witness be given opportunity to point out mistakes - In the instant case, evidence of petitioner recorded incorrectly by trial Court - Hence, trial Court directed to record memorandum with regard to..........
Ex-Chief Ministers Residence Allotment Rules, 1997, Rule 4, 6 -- `Z' plus security - Plea of State, that some of the respondents are given `Z' plus security from Union of India and it is necessary to provide proper accommodation with requisite infrastructure in secured locality - Plea held rejected , as said security is to be provided by Ministry of Home Affairs, Union of..........
