Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder by poisoning - FIR lodged when the report of Chemical examiner was received - There was no mala fide intention on the part of any of witnesses or the police not to register the FIR or to delay the registration of FIR - Mere delay in registering the FIR could..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Non-grant of interim relief at the ad-interim stage when plaint is taken up for registration/admission and examination will not justify dismissal of commercial suit U.O.7.R.11 CPC, as at times interim relief is granted after issuance of notice...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Will -- Registration - Mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Agreement to sell -- Recovery of earnest money - Plaintiff was not ready and willing to buy the land in question on target date fixed for execution and registration of sale deed as he was not possessed with balance sale consideration - Readiness and willingness on the part of plaintiff not proved - Suit rightly dismissed...........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Will -- Suspicious circumstance - Mere fact that attesting witness did not belong to the village of testator and he happened to be resident of adjoining village besides registration of Will on the next day of its execution cannot be taken as suspicious circumstance, particularly when execution of Will was proved on record...........
