Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Plaintiff claims a right of pre-emption consequent upon registration of sale deeds in favour of applicant by other defendants in suit - Whether plaintiff would succeed on such a cause of action is too early to predict and such issue should stand to trial - It cannot be said that..........
Will -- Registered - As per Delhi Registration Rules, copies of registered Wills are not furnished to the public at large...........
Agreement to sell -- Specific performance - Plea of readiness and willingness - A person who denies the execution and registration of sale deed, cannot be permitted to raise the plea of readiness and willingness - Suit rightly decreed...........
Prevention of Corruption Act, 1988, Section 7, 13(2), 13(1)(d), 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Accused being assistant in DT office allegedly demanded bribe from complainant for registration of vehicle - No evidence on record that complainant was real owner of vehicle - Genesis of illegal demand is not proved on record - Even motive..........
Agreement to sell -- Specific performance - Payment of balance sale consideration at the time of registration of agreement - No such stipulation in the agreement - Contention thus is hit by S.92 of Evidence Act, inasmuch as, oral evidence cannot override to the registered written agreement - Suit rightly decreed in favour of plaintiff. (Evidence Act, 1872, S.92)...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 31 -- Recovery of poppy straw - Conscious possession - Recovery effected from gunny bag carried on scooter which was without registration number - Ownership of said scooter not proved by prosecution - No document procured by prosecution from DTO office regarding ownership of scooter - Accused cannot be said..........
Registration Act, 1908, Section 49 -- A document which is compulsorily registrable, if not registered, will not affect the immovable property comprised therein in any manner - It will also not be received as evidence of any transaction affecting such property except for two limited purposes: (i) as evidence of a contract in a suit for specific performance; (ii) as evidence..........
Stamp Act, 1899, Section 35, Registration Act, 1908, Section 49 -- Instrument not duly stamped is inadmissible in evidence - S.35 of Stamp Act is distinct and different from S.49 of Registration Act in regard to unregistered document - S.35 of Stamp Act does not contain a proviso as appended to S.49 for Registration Act enabling instrument to be used to establish..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Creation of fraudulent Will and its registration - Will in question also subject matter of civil suit - Civil suit decreed but appeal thereagainst pending - Civil Court had not framed the issue as to whether will was created fraudulently - Held, there is no bar on simultaneous proceeding in the civil as well as..........
Agreement to sell -- Suit for specific performance - Readiness and willingness - Purchaser has to aver and prove readiness and willingness to perform his part of contract as from date of execution of agreement till filling of suit, during pendency of suit, till passing of decree - Absence of purchaser in not appearing before office of sub-registrar proves that he was not..........
