Indian Contract Act, 1872, Section 11, Transfer of Property Act, 1882, Section 58(b), 58(d) -- Mortgage in favour of minor - Validity - Mortgage deed executed by uncle of appellant in favour of deceased mother of appellant as collateral security towards dowry amount - At time of execution and registration of document, age of mortgagee, deceased mother of appellant was 15..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Transfer deed executed between landlord and his wife has been challenged to be a mala fide document by tenant - Tenant has not disputed validity of sale deed executed in favour of wife of landlord by its previous owners - Said transfer deed is registered and valid rights have been transferred as..........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Conviction - Validity - Accused alleged to have demanded bribe of Rs.200 from complainant for passing bills of his retirement benefits - Verifier was only partly examined by prosecution - Even if verifier proved documents which indicated verification of demand at earlier stage, document..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
Civil Procedure Code, 1908, Section 151, Order 40, Rule 1 -- Appointment of receiver - Validity - Appellant/lessee filed suit for injunction against his forcible dispossession by respondent/lessor from his hotel - Hotel leased out for a period of 5 years - No addition or alteration was to be done without written consent of respondent but appellant made renovation and no..........
Registration Act, 1908, Section 32(a), 32(b), 32(c) - - Assignment deed - Registration of - Assignment deed presented by principle through its representative on strength of notarized power of attorney - Refusal to register assignment deed - Validity - Held, such presentation is in terms of S.32(a) of the Act - Such attorney is also by representative of a person executing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused for re-payment of borrowed amount got dishonoured - Contention of accused that he had not borrowed any amount and that there were blank signed cheque leaves in dash board of his lorry which had been stolen from compound of his house and complaint was filed..........
