Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Court cannot direct Registrar to register cancellation of gift deed unilaterally by donor, without making donee as a party...........
Registration Act, 1908, Section 71 -- Refusal to register sale deed - Non-production of original parent document - Registrar cannot refuse to register document merely on the ground of non-production of original parent document - He can very well verify the certified copy and other documents produced by petitioner...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife stayed with husband for just 82 days in thirteen years of marriage and levelled allegations of demand of dowry and physical cruelty, filing complaint before Registrar (Vigilance) tantamounts to cruelty - Divorce petition rightly allowed...........
Registration Act, 1908, Section 30 -- Registration - S.30 of the Act empowers registrar to receive and register any document which might be registered by any sub-Registrar subordinate to him...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
Will -- Proof - Attesting witnesses of Will not examined - Only scribe and Sub-Registrar who registered Will have been examined - This does not satisfy the requirement of S.68 of Evidence Act r/w S.63 of Succession Act - Moreover, evidence of scribe as well as Sub-Registrar, does not in any way help the defendants to establish the truth and genuineness of said Will - Will..........
Agreement to sell -- Specific performance - Readiness and willingness - Mere presence of plaintiff before Sub-Registrar would be of no avail when it is not proved that plaintiff was ready with money - Absence of defendant on that occasion cannot be put against him...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Will -- Due execution - One attesting witness claimed that testatrix affixed her signatures in Will in their presence, which was vehemently denied by other attesting witness - Neither of attesting witnesses of Will fulfilled the mandate of S.63(c) of Succession Act to prove Will - In consequence, S.71 of Evidence Act had role to play in the matter - However, neither the..........
