Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration of - Transfer of immovable property of more than Rs.100/- in value - No evidence on record to show any family settlement between parties to decree - Decree complusorily registrable - Not registered - Decree not recognisable in the eye of law - Bhoop Singh's case AIR 1996 SC 196 relied...........
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61 -- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would..........
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101 -- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the..........
Consent decree -- Challenged by party to decree - Grounds available - Decree suffered voluntarily - Challenged after 17 years on ground of non registration - Ground not available to party to the decree - Decree can be challanged only on ground of fraud or collusion or impersonation - Evidence Act, 1872, Sections 44 & 115...........
Registration Act, 1908, Section 17 -- Mortgage - If the memorandum as such does not evidence creation of mortgage and reveals only what happened earlier, it does not require registration - Decisive question is the time factor and not the date...........
Registration Act, 1908, Section 17(1)(b) -- Relinquishment deed - If it is in respect of definite item of immovable property it requires registration - Relationship of parties to the document does not have any bearing on the requirement as to registration...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Complaint/Information disclosing cognizable offence - Police is under statutory duty to register FIR - Police Officer cannot undertake a preliminary inquiry before registration of the case - If complaint is found to be false Police may start proceedings u/s 182 Cr.P.C...........
Punjab Land Revenue Rules, 1908 -- Lambardar, appointment of - Collector appointed appellant as lambardar - Commissioner in appeal, appointed respondent as lambardar - Ignored appellant on account of registration of FIR against him - Candidature of appellant recommended by Tehsildar & SDM - Owns more land than respondent - Have experience of two years as Sarbrah Lambardar..........
Evidence Act, 1872, Section 35, Hindu Marriage Act, 1955, Section 8(4), Hindu Marriage (Punjab) Registration Rules, 1960 -- Marriage Registration Certificate - Relevancy of, for determining the relationship of legally wedded husband & wife - Certificate of registration of marriage is a document based upon statement of the parties to marriage before Registrar - Registrar..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54 -- Poppy husk - Recovery from truck - Three accused - One fled away from spot after seeing the police party - No evidence to connect that accused with recovery - That accused acquitted - Prosecution failed to prove element of custody or control over the contraband qua accused 'J' - Conscious..........
