Registration Act, 1908, Section 47 -- Registration - Registered document shall be given effect from date of its execution and not from date of registration - In case no registration is required and after registration, it will operate from date of its execution...........
Transfer of Property Act, 1882, Section 109, Registration Act, 1908, Section 47 -- Eviction suit - Original landlady executed sale deed in favour of plaintiff - Suit filed after registration of sale deed - Defendants have full knowledge of execution of sale deed in the light of provision of S.47 of Registration Act r/w S.109 of T.P Act, therefore, relationship of landlord..........
Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Examination -- Application for permission to take NCC `C' Certificate Examination was rejected - Plea of respondent that completion of 3 years period from date of enrollment, petitioner was discharged from the course, thereafter it was not permissible for him to take the `C' Certificate Examination - Plea held illogical and hereby rejected - If petitioner had become..........
Civil Procedure Code, 1908, Order 15A, Delhi Rent Control Act, 1958, Section 2(1) -- Unauthorised occupant - Suit for recovery of possession and arrears of rent/damages/mense profits - Distinction between neighbouring premises and current premises and fact that tenant have been in occupation of suit property for several years - Defendant directed to deposit Rs.1 lakh p.m...........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Rape - Incident occurred in the middle of field of accused and at that time there was nobody in surrounding fields - Accused dragged prosecutrix for a considerable distance from..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading - Correction/amendment of date of marriage - Such amendment is only formal in nature and should have been allowed by trial Court rather than forcing parties to come to High Court - Rules of procedure are made for advancing cause of justice and for scuttling it - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
Limitation Act, 1963, Section 5, Negotiable Instruments Act, 1881, Section 4 -- Suit for recovery of money - Issue as to `whether dishonoured cheque will save the limitation of time barred debt, in the absence of promise' - Period of limitation has to be reckoned from the date of cheque considering the cheque as acknowledgment of debt - In instant case, suit being filed..........
