Transfer of Property Act, 1882, Section 3, 123 -- Validity of execution/ attestation of/in the deed - Mixed question of fact and law - Not a pure question of law - Objection not raised regarding validity of execution/attestation of/in the deed - Cannot be raised for the first time before Appellate Court - Evidence Act, Section 68...........
Punjab Tenancy Act, Section 84 -- Revision on the question whether permissible area selected by landowner includes a part of tenants permissible area or not - Issue raised considered by Prescribed Authority as well as Commissioner - Orders passed by lower Courts self - speaking, based on facts and well reasoned - No reason to interfere with the orders without any material..........
Negotiable Instruments Act, 1881, Section 138 -- Post dated cheque - It becomes a cheque on the date which is written on the said cheque and six months period has to be reckoned for the purpose of Section 138 of the Act from the said date...........
Land Acquisition Act, 1894, Section 3A, 4 -- Non - survey of land - Pita that entire acquisition proceedings vitiated as Authorities have not conducted survey as required by Section 3 - A - Not tenable as specific details of land proposed to be acquired given in Notification under Section 4 and it is not possible to do so without conducting some survey...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Conditions mentioned in section must be strictly fulfilled before second appeal can be maintained - Memorandum of appeal must precisely state substantial question of law - High Court obliged to satisfy itself existence of substantial question of law - High Court can hear appeal on substantial question of law though..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of the decree..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Cost of notice also demanded - Notice is not valid - Complaint not maintainable - Drawee can make demand of cheque amount only and nothing more - If complaint is filed for any amount other than the cheque amount the case under section 138 of the Act does not lie...........
Transfer of Property Act, 1882, Section 43 - - Vendor - husband sold land in dispute during pendency of litigation with his wife regarding the same land - Wife declared to be owner of land in dispute - Suit by wife for possession of land in dispute against her husband and vendee - Death of wife during pendency of proceedings - After death of wife, husband being natural..........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 2(iii) -- Part of building - Meaning - Part of building referred to in clause (c) Section 10(3) has to be understood in the context of definition of word `building' u/s 2(iii) - Section 10(3)(c) would apply in case where out of leased premises, a part thereof is in occupation of landlord - Building, a unit..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Operation of provisions of Section 22 - Effect - Proceedings covered by Section 22 stand stayed and cannot be proceeded with - Board to be moved to seek permission to proceed with the proceedings...........
