Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898 -- Post Office Guide - Part - I, Clause 170 - Postal service - Registered envelope - Lost in transit - As per provisions contained in Clause 170 of Post Officer Guide Part I the admissible ex gratia amount of compensation to the tune of Rs. 100 was only payable for the registered post - Provision of..........
Evidence Act, 1872, Section 65, Registration Act, 1908, Section 57(5) -- Secondary evidence - Registered sale deed could not be traced in spite of search - Existence and loss of original sale deed proved - There is a presumption that a registered document is validly executed - No rebuttal to the said presumption - Held, the document in question is admissible in evidence...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Adoption deed duly registered - In view of S.16 of the Act the Court has to presume that the adoption has been made in compliance with the provisions of the Act unless and until it is disproved...........
Registration Act, 1908, Section 73 -- Registrar is required to enquire into whether the document has been executed and whether the requirements of law have been complied with - Once the executant admits his signature on the document, it constitutes admission of execution - In case the executant seeks to impeach the validity of the document, sought to be registered, he is..........
Criminal Procedure Code, 1973, Section 436A -- Retrospective effect - Many cases registered against accused prior to the year 2005 - Accused in jail for 10 years - Held, that accused cannot be released u/s 436-A Cr.P.C. as this section has no retrospective operation - However, it was held hat accused can be released in individual cases in case he applies for bail...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d), Post Office Act, 1898, Section 6 -- Postal service - Registered envelope - Non delivery of - Contained demand draft - Neither alleged nor established that there was willful act or default on the part of the Department - Even the legal notice sent by the complainant to the Department does not allege any 'wilful'..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Malafides of informant - When an information is lodged at the police station and an offence is registered, then the mala fides of the informant are of secondary importance - It is the material collected during the investigation and evidence led in Court which decides the fate of the accused..........
Civil Procedure Code, 1908, Section 115 -- Jurisdiction - Want of - Plaint returned - Proceedings come to an end - A new suit is required to be registered at the place where plaint is tendered thereafter - Held, order cannot be viewed as interlocutory order - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471, 34 -- Bail - offence u/ss 420, 467, 468 and 471 r/w S.34 IPC - Accused in jail since 14.6.2007 - Counsel for State not in a position to state in regard to progress and stage of trial of case registered against appellant and co-accused - Custody of appellant not required by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition of ancestral property - Suit land belonged to predecessor-in-interest of parties - After filing suit, information as regards execution of registered Will in favour of husband of defendant, came to the knowledge of plaintiff who by amendment wanted to challenge the same - Held, mere..........
