Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - When memorandum of deposit of title deeds show the intention of parties to reduce their bargain regarding the deposit as a document creating an interest in immovable property, it is compulsorily registrable - It has no evidentiary value..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Only the power of attorney, agent or a person authroised in writing by the payee or holder in due course of the cheque, is a competent person to present the complaint - Demand notice issued and complaint filed by a person describing himself as proprietor of firm, when in fact he is..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on Sapurdari - Should be given to the person who is prima facie owner - Owner means the person in whose name the motor vehicle stands registered. The legal position, therefore, is that the sapurdari of a vehicle in proceedings under Section 451 Cr.P.C. should be given to the person who is prima facie owner of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Applicant when has semblance of title and interest over the suit land then he should be allowed to be impleaded as a party...........
Co-sharers -- Inter-se rights and liabilities : (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dispute regarding management of Gurudwara - Respondent filed a suit for injunction on the basis that he was Mohtmim of the said Gurudwara - Managing Committee of Gurudwara also filed suit for declaration and injunction that they were entitled to management and control of said Gurudwara - Both the suits consolidated -..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Scope - Objection of O.21.Rr.97 to 103 CPC is to provide mechanism to decide the dispute as to right, title or interest in the suit property in execution proceedings itself and to bar separate suit, even if such objections are raised by a stranger to a decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for permanent injunction - Judgment Debtor producing fresh documents claiming title over suit land - Held, Executing Court or High Court in revision cannot go behind the decree by looking into fresh documents...........
Criminal Procedure Code, 1973, Section 457 -- Power of Magistrate - Release of seized property - Held, Magistrate is not empowered to decide title of property - He is only to decide as to who is entitled for its possession...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Suit for permanent injunction - Plaintiff claiming exclusive possession - Defendant claiming that parties are in joint possession of the property - Counter claim whereby defendant seeking partition of the same - Title of suit property in dispute - Counter claim beyond pecuniary jurisdiction of Court - Held, counter claim not..........
