Stamp Act, 1899, Section 47A -- Deficient stamp duty - Sale deed - Permanent construction existing over plot in question - However, petitioner pleaded that such constructions were raised subsequent to execution of sale deed - Once such plea was taken by petitioner, burden shifts upon him as it is only petitioners who could have proved such fact - However, said permanent..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Defendants sold the land in question to Sehkari Samiti - However, controversy in the suit is decided on the basis of agreement alleged to have been executed by defendants with plaintiff - There is thus, no need to implead Sehkari Samiti as a party defendant..........
Agreement to sell -- Validity - Suit for specific performance - Defendants have denied execution of agreement in written statement - One of attestors of agreement had stated that he did not sign as a witness on agreement - Genuineness of agreement has not been proved by plaintiffs - Agreement in question is not valid...........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Issue of sanction was taken up by High Court rather than proof of sanction on its own and without assistance of counsel for accused - Respondent stated that one more opportunity may be given to respondent to demonstrate that irregularity in sanction order has led to failure of justice - Order of..........
Mutation -- Disputed question of title as well disputed questions of law and facts cannot be entertained in mutation proceedings and can best be adjudicated in pending civil suits...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by Company - Director - Appellant had already resigned as Director of Company before issuance of cheques in question - He was neither a Director nor connected with the company - Appellant is not responsible for affairs of Company in view of provision of S.141 of the Act - Complaint qua..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by A-1/principal of college, in the capacity of authorised signatory - A-1 did not give the cheque in his individual capacity towards the debt or liability that was owned by A-1 towards the complainant - Liability in question was only liability of college and its management and not of A-1..........
Registration Act, 1908, Section 71 -- Registration Rules (Kerala), 1958, Rr.67, 191 - Refusal to register a document - Registering Officer has no authority to enquire into the validity of a document brought to him for registration or to question the right of executant to execute the document or to insist for production of title deed or prior document of property...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When relatives are not residing in the same house where the alleged victim resides, Courts shall not stop consideration by merely looking into the question whether accused is a person falling within the ambit of expression `relative' for the purpose of S.498-A IPC, but should also..........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
