Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 114 -- Suit for ownership of land - Registered sale deed - Presumption of existence - Defendants claimed that original owner executed sale deed in their favour but they did not step in witness box to prove same - More so, alleged sale deed was never produced to show that the same was signed by original..........
Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Registered notice - Court can draw presumption that notice was served on the party if same was sent by registered post with acknowledgement due to the address where he or she ordinarily resides unless and until the contrary is proved and moreso when it is not the case that addressee was not residing..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1) -- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what..........
Muslim Law -- Will - Proof - Will in question proved through testimony of attesting witnesses as a registered document - Exclusion of respondent No.1 by testator from his succession is also proved on record - No documentary evidence proved on record to belie genuinity and authenticity of Will, as no attempt made to examine any expert - Moreover, concurrent findings of both..........
Will -- Genuineness - Merely because Will was registered from the Tehsil which is not falling under the jurisdiction of village of testator, does not effect the genuineness of will, as Will was registered from nearest Tehsil - Moreover, it is the tendency of agriculturists to go to the nearest Tehsil then the Tehsil situated far away...........
Partnership Act, 1932, Section 69, Arbitration and Conciliation Act, 1996, Section 11(5), 8 -- Unregistered partnership firm - Non-registration of partnership firm not a bar u/s 69 of the Act of 1932 for institution of proceedings u/s 11 of the Act of 1996, particularly when partnership deed contains arbitration clause...........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Quashing of proceedings - Settlement arrived at between parties - Marriage dissolved by mutual consent - Permanent alimony paid - Wife has no further claims against husband - Settlement deed executed with free will and volition - Continuation of criminal proceedings would tantamount to abuse of process of law..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 454, 380 -- Bail - Offence u/ss 454, 380 IPC - Petitioner joined the investigation but no recovery effected from him - He is permanent resident of place where FIR is registered and has roots in society - Petitioner always available to face trial - Bail granted subject to certain conditions -..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
