Stamp Act, 1899, Section 47A(4A)(as -- Deficient stamp duty - Charging of interest - Liability to pay interest introduced in S.47-A of the Act through amending Act of 2002 - On date of execution of instrument there was no such provision for payment of interest on deficiency of stamp duty - Demand of interest cannot be placed upon petitioner from date anterior to date of..........
Evidence Act, 1872, Section 65B, Indian Penal Code, 1860, Section 363, 323, Protection of Children from Sexual Offences Act, 2012, Section 10 -- CCTV footage - Non-production of certificate u/s 65-B of the Act - Kidnapping and sexual assault on 5 years old girl - Two CCTV camera installed outside the house of PW8, an independent witness, were provided to police on their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 4 kg charas - Deficiency in weight of sample - No cross-examination was conducted from material PWs regarding minor deficiency in weight of samples received by FSL - Since there was delay of 17 days, possibility of deficiency for various reasons cannot be ruled out - No prejudice is..........
Stamp Act, 1899, Section 47A, 33(5) -- Second proviso (As in U.P.) - Sale deed - Proceedings for deficiency of stamp - Limitation to initiate the proceedings is 4 years as per Ss.47-A, 33(5) of the Act - However, maximum period is 8 years during which State Government can give permission for initiation of proceeding in the matter - In the instant case, 8 years period..........
Indian Contract Act, 1872, Section 14(1) -- Plea of coercion - Suit for cancellation of settlement deed - Execution of document on record admitted by plaintiff - However, its validity is challenged by plaintiff on the ground of lack of free consent - Burden is on plaintiff to prove her case of such coercion - Plaintiff cannot hang on deficiency from part of defendants...........
Registration Act, 1908, Section 17, 49 -- Registration - General Power of Attorney (GPA) - Merely because GPA executed by defendant in favour of one person was not registered, it cannot be said that it has no force and significance, as suit was filed by plaintiffs directly against defendant and not against his GPA holder and the defendant also contested the suit by himself..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objections to admissibility of document in evidence may be classified into three categories are : (i) An objection with regard to there being insufficiently stamped documents i.e. there is deficiency in stamp duty of documents; (ii) would be where admissibility of document is not..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - If objection relating to deficiency of stamp duty of document is taken, Court has to decided same before proceeding further - An objection relating to deficiency of stamp duty has to be taken at earliest and cannot be raised..........
Stamp Act, 1899, Section 47A -- Stamp deficiency - Limitation for initiating proceedings u/s 47-A of the Act is 4 years, which may be extended beyond 4 years up to period of 8 years, if permission is given by State Government - But there is no provision for further extension of said period of 8 years, whether such permission is granted within 4 years or within a period of..........
Consumer Protection Act, 1986, Section 14(1)(d) -- Deficiency of services - Compensation - Proof of loss or injury suffered by consumer due to negligence of opposite party is sine qua non for entitlement of compensation - Once said conditions are satisfied Consumer Forum would have to decide the quantum of compensation to which consumer is entitled - Computation of..........
