Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Plea that there was no reason for the appellant to demand money as he had no role in the matter to grant a copy of the sanctioned map - File in question seized from the residence of accused - It cannot be said that appellant had no role to play in the matter and that there was no..........
Agreement to sell -- Specific performance - It is incumbent upon plaintiff in a suit for specific performance to file a map of suit property with the plaint itself especially when agreement pertains to min khasra numbers out of a specific khasra number...........
Registration Act, 1908, Section 17 -- Registration - Sketch map which is an acknowledgement alleged to be in respect of amicable partition - Not required to be compulsorily registered - Trial Court directed to mark the sketch map as collateral document...........
Indian Penal Code, 1860, Section 304A, 279, 337, 338 -- Rash and negligent driving - Fatal accident - Three persons died and many others injured - - Eye witnesses of occurrence travelling in offending vehicle stated in one voice that accident occurred due to negligence of accused as he was trying to overtake another vehicle and lost control over the same, which ultimately..........
Registration Act, 1908, Section 17 -- Registration of a document - Law as to - (1) The Registering Authority may refuse to register a document if the language of the document is not understood by the authority. (S.19); (2) A document containing interlineations, blanks, erasures or alterations which are not signed or initialed may be refused to be registered by the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Must be sufficient to identify it - Property can be identifiable by boundaries, or by number in a public record of settlement or survey - Even by plaint map showing the location of the disputed immovable property, it can be described...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Identification of property - Suit property described in plaint not only by boundaries but also by municipal number and by giving its description in the plaint map - From no stretch of imagination it can be said that suit property was not identifiable - Moreover, Advocate Commissioner's report proves that plaintiff was in..........
