Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Registration Act, 1908, Section 71 -- Refusal to register document - Sub-registrar cannot orally refuse to receive sale deed for registration - He is bound to receive the same as per law, but he can refuse to register the same if same is not legally permissible for registration...........
Stamp Act, 1899, Article 18, Registration Act, 1908, Section 89(4) -- Registration and stamp duty - Auction sale - Sale certificate - Registration Authorities cannot insist on payment of Stamp Duty and registration fee basing on value of property as indicated in Market Value Register - Sub-Registrar has no other option, but to register sale certificates by fixing stamp..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Registration Act, 1908, Section 71 -- Refusal to register document on direction of CBI - CBI cannot stop Sub-Registrar from registering document in view of a pending investigation conducted by CBI - CBI has already taken steps to attach properties under criminal case - Property purchased by any third party should be made aware of the fact that such proceedings are..........
Will -- Proof of - Will stands proved by evidence of attesting witnesses - DW4/Clerk from office of Sub Registrar had also appeared and deposed regarding execution of Will - DW4 has further deposed that Will was presented to her for registration by testatrix who was identified by attesting witnesses - DW4 read over contents of Will and explained the Will to testatrix in..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff contended that he was present before office of sub-Registrar on the date of execution of sale deed but on the verbal assurance of defendant 15 days time was extended for execution of sale deed - Defendant did not execute sale deed even after said 15 days - However, plaintiff did not get his..........
Will -- Suspicious circumstance - Difference in signatures of testator on Will and partition deed - Signatures on Will was done in the presence of attesting witness and Sub-Registrar - Even otherwise, since there is a significant difference of time in signing partition deed and Will deed and by passage of time signature of a person changes, signatures on Will, cannot be..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff though pleaded that he appeared in office of Sub-Registrar on target date fixed in agreement and then served a legal notice - However, except for oral statement of plaintiff in this regard, there was no other evidence to prove this assertion - More so, no evidence was produced by plaintiff to show..........
Registration Act, 1908, Section 71 -- Refusal to register document - Non-production of original parent document - Sub-Registrar cannot insist party to produce original parent document while registering document - Impugned refusal check slip quashed - Petitioner is directed to represent sale deed...........
