Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does not fall within proviso..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 47A -- Sch.I, Art.55 - Consent deed - Release of - Demand of stamp duty and registration charges - Authority retained deed for non payment of stamp duty and registration fee - There is no conveyance of right or title in favour of anybody and it is only the consent or no objection given for the purchase - Consent..........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Financial assistance - Merely because some financial assistance was given by father to his sons to purchase the properties, transactions cannot be said to be benami in nature...........
Benami Transactions (Prohibition) Act, 1988, Section 4 -- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in nature - Suit..........
Indian Penal Code, 1860, Section 489C, Evidence Act, 1872, Section 3 -- Offence u/s 489-C IPC - Appreciation of evidence - Alleged recovery was effected from busy place still no independent witness was joined by I.O. and no explanation has come forward on this point - Even, there is no complaint to I.O. that accused had gone to use said currency notes or they had made..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Constitution of India, 1950, Article 240 - - Extinguishment of tenancy rights - As per plaintiff, defendant/elder brother after purchase of suit property agreed to transfer it in his favour and he is in possession of suit property since its purchase - It is not the case of plaintiff that he came into possession of suit property by dispossessing original owner/defendant -..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale with an option to re-purchase or mortgage with a conditional sale - Purchaser of property executed document of re-conveyance establishes the fact that mother of plaintiff mortgaged suit property against mortgage money - On payment of mortgage money, mother of plaintiff redeemed mortgage - Though document in question..........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Cheating - Assets disproportionate to known source of income - Prosecution case is silent about property which accused had possessed before check period and property which accused had purchased during check period - I.O had nowhere stated as to what was income..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegations that deceased was not liked by family of accused and that they do not take care of her and she was not given money to purchase things she liked and accused did not talk to her some times - Does not satisfy requirements of Ss.498-A, 304-B IPC...........
