Stamp Act, 1899, Article 46, 49 -- Release deed - Entered into among family members - Release of rights would only result in enlargement of intent held by co-owners or joint owners and admittedly no third party has joined said document - Release deed cannot be considered as `conveyance of sale' - Impugned notice demanding deficit stamp duty set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15(A) -- Right of victim - Notice u/s 15-A of SC/ST Act is mandatory in nature - However, presence of victim during course of proceedings is not mandatory...........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave even without notice to opposite party - But it is desirable to give notice and hear other party and give them an opportunity to controvert allegations before leave is granted...........
Practice and Procedure -- Deletion of case from cause list - Mere fact that notice of making alternative arrangement was not served was no ground to delete a case which is notified on cause list...........
Transfer of Property Act, 1882, Section 106 -- Lease - Document of lease for period from 1994 to 2005 - It was thus, necessarily required to be registered as per S.107 of the Act - Since document in question is admittedly not registered one, it cannot create lease rights beyond a period of 12 months - Lease in question was neither for agricultural purposes nor for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 223(1) -- Cognizance of offence - Quashing of order of issuance of notice to accused - Court below without examining complainant and his witness on oath issued notice to accused - However, after complaint is filed, Magistrate should first examine complainant and witnesses on oath and thereafter, if Magistrate proceeds..........
