Registration Act, 1908, Section 17 -- Registration - Family Settlement not required to be registered...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Petitioner was nominated and arrested after more than 1 year of occurrence - No recovery of any contraband has been effected from petitioner after his arrest - Challan has already been presented - Out of 15 PWs only 2 PWs have been examined..........
Indian Penal Code, 1860, Section 420, 419, 465, 467, 471, 120B -- Cheating - Role assigned to petitioner is that she impersonated as one `S' and stood surety for one accused in NDPS case - Specific findings are recorded by trial Court that petitioner is guilty of charges levelled against her - However, petitioner has already undergone 5 months and 1 days imprisonment - No..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Defendant himself admitted that plaintiff obtained survey nos.28 & 35 in partition and his family members have received some parts in partition - They cannot be permitted to challenge said partition especially when trial Court and Appellate Court have found said partition..........
Muslim Law -- Gift - Essential ingredients of a valid gift under Muslim Personal Law are : (i) Declaration of gift by the donor; (ii) Acceptance of gift by donee: and (c) Delivery of possession of gifted property - Thus, for a gift to be valid, compliance of three essentials are necessary even though it is not registered by a registered instrument - But if the conditions..........
Will -- Probate - Mere fact that Will in question is registered, this does not relieve the propounder of Will from the requirement of getting it probated, but its registration raises presumption of its due execution...........
Protection to life and liberty -- Live-in-relationship - Apprehension of threat to child born from said relationship - Biological mother of child started living with biological father after death of her erstwhile husband - Parents of child are apprehensive of certain threats from respondents who are erstwhile in-laws of biological mother - Parents who are major are..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - No evidence on record to show that husband was available on the night when death occurred - Husband had a plausible explanation that he was on duty when death of his wife occurred - It was husband who first intimated police about sudden and unnatural death of his wife - Relatives of deceased having come to..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Murder - Body of deceased was found at 5:30 am and FIR is alleged to have been registered soon thereafter - Report and FIR were presented to Magistrate at 3:30 pm - Explanation that delay occurred because of transfer of Magistrate as per constable, who had brought the FIR to Court - However,..........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Property mentioned in release deed was valued at Rs.1500 which required valid registration - Since it was not registered, document was held inadmissible - More so, no survey number was mentioned in the document and description of property did not tally with suit property - Release deed thus,..........
