Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed duly registered - Subsequently Joint Sub Registrar forwarded letter to Collector that sale deeds bear deficient stamp duty and that stamp duty is recoverable u/s 47-A of the Act - Collector summoned petitioner and passed order of recovery of the alleged deficient stamp duty on the ground that the sale..........
Deeds and documents -- Transfer of ownership - Document singed only by one witness - Document cannot be treated as a Will nor a document of transfer being not registered...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Land acquired within Municipal limits of Jalandhar - Land owners in support of their claim relied on sale deeds pertaining to sale of small plots with houses constructed thereon - Meaning thereby the consideration money paid included cost of construction as well - Held, amount spend..........
Punjab Town Improvement Trust Act, 1922, Section 30, 24, 28(2) -- Land acquisition - Landowners sought enhancement amount of compensation of the acquired land - Landowners relied on post notification sale deeds to determine the market value of acquired land - Held, though even post notification instances could be taken into account if they are very proximate, genuine and..........
Criminal Procedure Code, 1973, Section 207 -- r/w S.238 - Supply of copies of documents relied upon by the prosecution agency - Allegations by accused that certain documents mentioned in seizure list not furnished to him which included registered deeds, agreement, sale deeds, records of rights - These documents were recovered from possession of bank as well as de-facto..........
Specific Relief Act, 1963, Section 34 -- Declaratory suit - Two sale deeds - Sale deed prior in time prevails - At the time of execution of second sale deed vendor had already divested herself of title to the suit properties - Person purchasing property through subsequent sale deed gets no title - Suit rightly dismissed...........
Hindu Law -- Partition - Reunion - Plaintiffs, joint family members already entered into two partition deeds - Plaintiff has not pleaded anything about the reunion in the plaint and also failed to prove the same by any acceptable evidence - In absence of any agreement for reunion, plea that plaintiffs continued to live as members of Hindu joint family cannot be sustained..........
Transfer of Property Act, 1882, Section 48 -- Sale deed - Two sale deeds by the same vendor - S.48 of the Act ordains to accept supremacy of the former sale deed in all the terms than the later - Transferor cannot prejudice the rights of transferee by any subsequent dealing with the property...........
Deeds and documents -- Nature of - Form or nomenclature of the instrument is not conclusive - Court is required to look into the substance thereof...........
Deeds and documents -- Settlement Deed or a Will - While interpreting an instrument to find out whether it is of a testamentary character, which will take effect after the life time of the executant or it is an instrument creating a vested interest in praesenti in favour of a person, Court has to very carefully examine the document as a whole, look into the substance..........
