Arbitration and Conciliation Act, 1996, Section 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 -- Conciliation proceedings - Comes to an end only when the settlement agreement signed by the parties comes into existence - It is such an agreement which has the status and effect of legal sanctity of an arbitral award under S.74 of the Act -..........
Registration Act, 1908, Section 71, 74, 77 -- Refusal to register - Appeal to Registrar - Appeal dismissed - Registrar to handover document to party to enable him to approach Civil Court under S.77 - Preventing party from approaching Civil Court for relief, by not returning document to party, is act of mischief for which Registrar and Sub-Registrar are liable to cost...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 74 -- Contraband - Recovery of poppy husk - Contention that Investigating Officer being SHO had no power to investigate as he was not authorized under the Act to investigate offences arising under the Act - Held, provision contained in S.74 would apply as Investigating Officer was himself SHO of Police..........
Evidence Act, 1872, Section 74(2), 65 -- Public documents - Deed of settlement executed by individual and registered under Registration Act is not public document - Execution of such deed is to be proved by production of deed itself in original...........
Contract Act, 1872, Section 74 -- Breach of contract - Compensation - Party which has suffered breach of contract is entitled in equity only to reasonable compensation, and not compensation by way of penalty...........
Contract Act, 1872, Section 74, 20 -- Section 74 contemplates a valid and binding contract between the parties - Forfeiture clause if contained in agreement which is void (parties not ad idem and suffering from mistake of fact essential to contract) - Cannot be enforced as agreement is itself void under Section 20 - Void agreement cannot be split up - None of the parties..........
Evidence Act, 1872, Section 74, 75 -- Newspaper publications of a notice - These are private documents - Presumption cannot be drawn as regards private documents as to their genuineness and contents - However, such a presumption can be drawn under S.90 of the Act if those documents are thirty years old - Other private documents are to be proved in accordance with Sections..........
Evidence Act, 1872, Section 74, 65 -- Registered sale deed - It is a public document - Certified copy of registered sale is admissible in evidence...........
Evidence Act, 1872, Section 35,74, 77 -- Paternity - Cannot be proved by mere entries in the birth and death register - To prove paternity some other evidence is to be led...........
Evidence Act, 1872, Section 65, 66, 74 -- Registered power of attorney is a public document - Its certified copy is perse admissible...........
