Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for declaration and injunction - Instituted upon unregistered agreement to sell executed much after cut-off date - Therefore, plaintiff cannot take benefit of S.53-A of the Act as his claim is based upon unregistered document and hence, plaintiff claim is not maintainable...........
Registration Act, 1908, Section 49 -- Unregistered agreement to sell - Can be received as evidence of contract and can be taken into consideration only in suit for specific performance of contract and not in any other suit...........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 34, 35 -- Unregistered partition deed - Admissibility - Once a document is admitted in evidence without objection, it is not open either to trial Court itself or to a Court of Appeal or revision to go behind that order - Same cannot be excluded from the purview of consideration...........
Registration Act, 1908, Section 17, 49 -- Unregistered agreement to sell - Landlord tenant relationship - Photocopy of unregistered document does not confer any title on the tenant so as to change his status from that of a tenant to that of an owner...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
Registration Act, 1908, Section 17, 49 -- Unregistered document - Admissibility - Photocopies of Receipt, Possession Letter, photocopy of unregistered Will, Agreement to Sell and General Power of Attorney on plain paper placed on record are inadmissible in evidence...........
