Registration Act, 1908, Section 17(1)(b) -- Sale of another's property - Title of owner remains intact even if a stranger conveys that title to another stranger, which is ineffective - Owner can get sale deed cancelled by execution of cancellation deed and getting it registered without seeking remedy in a civil court for its cancellation...........
Specific Relief Act, 1963, Section 31, 34 -- Cancellation of written instrument and suit for declaration - For cancellation of written instrument two conditions must exist i.e. written instrument is void or voidable against such person; and such person has reasonable apprehension that such instrument if left outstanding may cause him serious injury - So far as declaration..........
Registration Act, 1908, Section 17(1)(b) -- Cancellation deed - Registration - Rejection - Registering Officer cannot reject registration of a cancellation deed unless circumstances and situations as stated in the Act and Rules exist...........
Limitation Act, 1963, Article 59 -- Suit for cancellation of a transaction is governed by Article 59 - If article 59 is not attractive, the residuary article would be applicable...........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190 -- Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sufficient evidence found against accused during investigation by police - Competent Authority declined to accord sanction for prosecution - Police submitted cancellation..........
Limitation Act, 1963, Article 59 -- Sale deed - Cancellation - Limitation three years - Limitation starts to run from date on which fact of registration of sale deed became known to party - Dismissal of suit on ground of limitation without giving opportunity to a party to adduce evidence to show as to when he came to know of registration - Held, Court not justified in..........
Criminal Procedure Code, 1973, Section 173(2), 173(8), Indian Penal Code, 1860, Section 420, 466, 467, 471 -- Investigation - Withdrawal of cancellation report - Police thoroughly investigated the entire matter and submitted cancellation report - Later, police sought withdrawal of cancellation report which cannot be permitted - Police can seek permission of Court to make..........
Agreement to sell -- Specific performance - Ready and willing - Suit filed immediately after the expiry of the stipulated date - - This does not justify the readiness and willingness particularly when the time is stipulated as five months for completion of the transaction and plaintiff does not even call upon defendant to perform his part of contract and in turn it was..........
Constitution of India, 1950, Article 226 -- Natural Justice - Land allotted in favour of predecessor-in-interest - Allotment cancelled after 44 years - No notice issued before cancellation - Valuable right taken away - Order passed in violation of principles of natural justice - Not sustainable, Set aside...........
Insurance policy -- Cancellation of - Insurance claim - Repudiation -Insurance policy insuring LPG Tanker for the period 07.11.1997 to 06.11.1998 -Tanker met with an accident on 23.11.1997 and claim paid at `cash loss basis' on 26.02.1998 - As per the Procedure Manual for the Insurance Company policy cancelled and intimation given by registered A.D. post to the insured..........
