Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Registration Act, 1908, Section 71 -- Refusal to register document - Persons executing document can only transfer right that they have - Merely because they are purporting to transfer possessory rights and they are not been able to produce any prior documents cannot be a ground for Sub-Registrar to refuse registration...........
Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Service -- Appointment - Post of Health worker (Female) - Eligibility criteria - Candidate was required to be duly registered with UP Council - However, appellants could not produce UP council registration because of late issuance of such registration - There was thus, no fault on the part of appellants in not producing UP council registration either at the time of..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Theft of Truck - Insurance claim - Non-settlement of claim - Deficiency in services - Appellant failed to produce either original certificate of registration of vehicle or even duplicate certified copy of certificate of registration issued by RTO - Said documents could not be produced due to circumstances beyond control of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 389 -- Recovery of 205 gms Alprazolam powder - Suspension of sentence during pendency of appeal against conviction - Accused is in custody for the period of 4 years 7 months and 5 days out of which 3 years and 11 days is after conviction - Accused not involved..........
Registration Act, 1908, Section 29 -- Place for registration of a document which is not referred in S.28 or a copy of a decree or order - Executant or claimant are at liberty to present such documents either at Sub-Registrar Office of Sub-District where document was executed or at any other Sub-Registrar Office in the State where they desire to register the document...........
Power of attorney -- Execution and registration of Power of Attorney in favour of wife by petitioner while in jail/custody - Petitioner is in bare need of money to meet up expenses for preparing his defence and also to maintain his family members involving treatment of his wife - However, it is obligatory upon petitioner to establish that properties proposed to be sold..........