Agreement to sell -- Specific performance - Interpolations in agreement - Endorsement of extension of date for execution and registration of sale deed - Said endorsement for extension is made one day after execution of sale deed in favour of subsequent purchasers - Defendant/owner of property cannot extend date once he has executed registered sale deed in favour of..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Accused allegedly involved in conspiracy of taking money from informants on false promise of appointing them in railways - Proceedings filed after inordinate delay of 6 years without any plausible explanation - No allegations made out against accused in clear terms - Magistrate ought to remain vigilant..........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Powers of Magistrate - Guidelines for application of judicial mind by Magistrate while invoking powers u/s 156(3) Cr.P.C. : (a) Magistrate should be advised to verify truth and veracity of allegations, regard being had to nature of allegations of case (b) there has to be prior applications u/ss 154(1),..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Mandatory - Registration of an FIR is mandatory u/s 154 IPC, if information discloses commission of cognizable offence and no preliminary inquiry is permissible in such a situation...........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney relating to transfer of immovable property is compulsorily registrable as per S.17(1)(g) of the Act - Provision contained in S.33(1)(c) of the Act cannot be pressed into service, as special provision contained in S.17(1)(g) of the Act will override general provision contemplated for..........
Registration Act, 1908, Section 17(1)(g), 33(1)(c) -- Registration - Power of attorney deed relating to transfer of immovable property - Relationship between petitioner and her power of attorney does not come within exempted categories of relationships mentioned in S.17(1)(g) of the Act, as power of attorney is petitioner's father's brother and petitioner has to comply..........
Registration Act, 1908, Section 17(1)(g) -- Registration - Power of attorney - For presenting sale deed through power of attorney holder, it is mandatory that power of attorney deed is duly registered...........
Registration Act, 1908, Section 26, 24, 25, 33(1)(c), 32(a), (b) -- Execution of power of attorney out of India - Presentation for registration - Where power of attorney deed satisfies technical requirements of S.33(1)(c) of the Act, in as much as it was duly executed before and authenticated by Indian Consul of Indian Embassy abroad, power of attorney holder is competent..........
Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Preventive detention - Simplicitor registration of FIR by itself cannot have any nexus with breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act as no other relevant and cogent material exists for invoking power u/s 3(2) of the said..........
Trade Marks Act, 1999, Section 2(zb) -- Trade mark - Exclusive use - Plaintiff is registered owner of label mark in Class-30 of Classification of goods and services - In said registration there is a disclaimer for word `MALABAR' - Plaintiff though claims exclusive right over word `MALABAR' since there is a disclaimer to exclusive use of word `MALABAR', he has no right over..........
