Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Unlawful assembly and rioting - FIR against 15-16 named persons and 15-16 unnamed persons was registered, who were agitating against police - About 500-600 people assembled at a place - Mob was uncontrollable, as their Block Pramukh was murdered near police station one day before the incident - Due..........
Will -- Execution - Proof - Non availability of attesting witnesses - Will registered - Evidence of Sub-Registrar that he knew testator as he was Chowkidar of the village and he also personally knew attesting witness as he was Lambardar of the village and that Will was read over to testator and testator acknowledged correctness of the same - Scribe also examined who stated..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Plea of contributory negligence - No such plea of contributory negligence was raised by driver or registered owner of vehicle in their reply to petition - As appellant and driver of vehicle denied accident having taken place with offending vehicle, it is not open for them to raise a plea of contributory negligence..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Accused did not pay full sale consideration and managed to get sale deed executed and registered - Balance consideration was secured by cheques which were dishonoured and recourse to S.138 NI Act was resorted - It cannot be said that intention of accused was to cheat complainant right at the time of entering..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumed to be in knowledge of everyone...........
Motor Vehicles Act, 1988, Section 2(30) -- Owner - Person in whose name motor vehicle stands registered is `owner' for the purpose of the Act - However, where a person is a minor, guardian of minor would be treated as owner...........
Motor Vehicles Act, 1988, Section 2(30) -- Motor vehicle - Owner - Where registered owner has purported to transfer vehicle but continues to be reflected in records of registering authority as owner of vehicle, he would not stand absolved of liability and is liable to pay compensation...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit for declaration that suit properties belongs to Madarsa - Plaintiff pleaded that suit properties were purchased through registered sale deed by plaintiffs - However, it does not reflect from sale deeds that lands comprised therein were purchased for Madarsa - Name of office bearers of Madarsa not..........
Hindu Succession Act, 1956, Section 14(1) -- Widow - Property inherited by Hindu widow from her husband prior to coming into operation Act of 1956 - Daughter not succeeded to the interest of their father as he died prior to coming into operation of 1956 Act - Widow thus, became owner of suit properties - Limited interest of widow blossomed with full interest u/s 14(1) of..........
