Tenancy -- Plaintiffs failed to prove creation of tenancy in favour of their predecessor-in-interest by State - They could not succeed in the suit simply by taking benefit of revenue entries which existed for few years - Once the very basis of initial revenue entries was not legal, no presumption of truth could be attached to such entries - Suit for declaration of..........
Criminal Procedure Code, 1973, Section 433 -- Premature release - Murder of two children by mother - Accused had tried to commit suicide herself along with two children by consuming poison - It cannot be simply bracketed as cruel and brutal offence as accused herself was trying to end her life but was prevented by her niece in the nick of time - Moreover, recommendation of..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of Local Commissioner - To report about existing state of affairs at the spot - Report by Local Commissioner would in fact help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local Commissioner would result in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Impleadment of State as party represented by Deputy Collector - Notice u/s 80 CPC was not issued before filing of suit - During pendency of suit, provision of S.80 CPC cannot be complied with - Application rightly dismissed...........
Service -- Pensionary benefits - Right of Lien with State Government - Government servant's lien to a post stands terminated on his acquiring a lien on a permanent post which is outside the cadre post as per Rules applicable - Therefore, once the respondents were permanently absorbed and became an employee of Dairy Development Corporation/Milk Federation Unions, they..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- As in J&K - Written statement - Not filed within statutory period of 120 days - Condonation of delay - Period of 120 days prescribed for filing written statement is mandatory in State of J&K after abrogation of Art.370 of Constitution and Court has no power to extend the same - Application for condonation of delay rightly..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Stamp duty is payable on the market value of sale deed property on the date of execution of sale deed - Stamp duty is payable on the basis of market value of property and not on the consideration mentioned in..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Market value fixed by adopting method used for levy of property tax under Municipal Laws - Such a value cannot be taken as the basis for determining the market value for the purposes of Article 23 of the Act...........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Property in possession of tenants - Market value can be determined by comparison method - If no comparable instances are found, market value can be fixed by making an appropriate deduction from the market..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Stamp duty - Determination of Market value of property - Issue regarding market value of sale deed land on the date of execution of sale deed is required to be decided by permitting parties to adduce oral and documentary evidence...........
