Release deed or conveyance deed -- Surrender of right in favour of a co-owner in a joint property would be a release whereas a surrender of right in favour of a third party, having no right in the property which is surrendered then such surrender will be a conveyance - Enlargement of an existing right in an unpartitioned property of a family member at the end of a..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Service -- Appointment - Post of Health worker (Female) - Eligibility criteria - Candidate was required to be duly registered with UP Council - However, appellants could not produce UP council registration because of late issuance of such registration - There was thus, no fault on the part of appellants in not producing UP council registration either at the time of..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 3.750 kg charas - Documents allegedly prepared by I.O at the spot containing FIR number - It seems that entire contents were written in one go - Omissions of I.O to depose after receiving case file and registration of FIR, he had filled relevant column of documents by mentioning FIR number in..........
Registration Act, 1908, Section 49 -- Proviso - Agreement to sell - Registration - Suit for specific performance - Unregistered agreement to sell is admissible in evidence in a suit for specific performance falling in exception clause of S.49(c) of the Act...........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
