Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Sale deed - Registration - Sale of tangible immovable property worth more than Rs.100 can only be effected by registered instrument - Since a property worth more than Rs.100 is sought to be conveyed to plaintiff by u, registered instrument, such a document would not result in transfer of..........
Registration Act, 1908, Section 22, 69 -- Cancellation of registration - Validity of order - Respondent no.2 passed order that document in favour of respondent no.4 is genuine transaction and that the one executed in favour of petitioner is fraudulent and directed registering officer to initiate criminal prosecution in terms of circular - As per S.22(a) of the Act,..........
Mohammedan Law -- Wakf property - Mutawalli - Office of mutawalli not transferable - Mutawalli does not have general power to assign or transfer his office to another person, unless he is given such powers by wakf deed itself - Creation of trust deed to alter succession of office of mutawalli in favour of wife of mutawalli tantamount to changing terms of original wakf..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Cancellation of exchange deed - If executant of an instrument seeks to get it annulled, he is required to pay ad valorem Court fee as per consideration shown in instrument - However, if trial Court finds that ad valorem Court fee is required to be paid over and above consideration shown in the instrument, in such..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration - Alteration of payee's name in a cheque is material which affects character of instrument and so also relationship of parties and their legal position as originally expressed...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Alteration of payee's name - Amounts to material alteration - Failure of complainant to prove that material alteration of the cheque was done or made by accused himself or with his consent - Material alteration of cheque without consent of drawer makes the instrument void and no criminal action lie..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Complainant directed to produce on record documents of his handwriting written by him in the year 2013 - Complaint is pending since 2013 - Court has already made efforts to obtain FSL report and on sending admitted handwriting of complainant for FSL - There is thus,..........
Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Gift deed in question was a conditional unregistered gift deed scribed in an unstamped paper - As per S.123 of the Act, transfer must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - Even if attesting witnesses had been examined, same..........
