Registration Act, 1908, Section 17 -- Compulsory registrable document - Document unstamped and unregistered - One of the defects cured by paying penalty as well as requisite stamp duty - Still the document cannot be said to be admissible for `any purpose.'..........
Criminal Procedure Code, 1973, Section 154 -- Five FIRs for same occurrence and on the very same set of allegations - Witnesses u/s 161 Cr.P.C. also one and the same in all charge sheets - Registration of five FIR's for very same occurrence, not permissible - Entire proceedings vitiated and liable to be quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Maintainability of petition - High Court Registry cannot exercise power to answer maintainability of petition, as it is realm of Court - Power of judicial function cannot be delegated to the Registry - Order rejecting numbering/registration of petition by Registry set aside - Registry directed to number the..........
Will -- Proof - Execution and registration of Will proved by examination of both attesting witnesses as well as scribe - Scribe also stated that entry of Will was entered in his register and testatrix has thumb marked said entry - No evidence led by plaintiff to prove that testatrix was not in a fit state of mind to execute and get Will registered - Over writings on the..........
Registration Act, 1908, Section 17 -- Registration - Acquisition of title in favour of So, i, law in present and not by recognition of past decision/yadgar/family settlement, when property was having value of more than Rs.100, requires registration - In absence of registration no title passes on...........
Kerala Headload Workers Act, 1978, Section 13, Kerala Headload Workers Rules, 1981, Rule 26A -- Headload workers - Registration with specified employer - Gives exclusive right to such headload workers to work under that employer - In absence of registered workers under the employer, existing workers in the area would be entitled to demand work from such employers -..........
Registration Act, 1908, Section 17 -- Registration - Letter of confirmation deed confirming equitable mortgage - It is a letter of recording of concluded contract, evidencing past transaction, which does not require registration - Letter of confirmation deed and document of deposit of title deeds does not require registration...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of intoxicant tablets - Search and seizure - When before registration of FIR, documents which were prepared at the spot bear FIR number and there is no explanation by I.O, it raises a strong suspicion about veracity of these documents...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to examine Sub-Registrar who was..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........
