Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Quantum of sentence - Appellant has undergone approximately 3 months in custody - Admittedly, incident pertains to the year 2006 and couple lived together exactly for three days - Wife is married and settled abroad - Case has been prolonged for a period of nearly 19..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Registration Act, 1908, Section 71 -- Refusal to register a document - Order of attachment not a bar to register the document...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 223(1) -- Cognizance of offence - Quashing of order of issuance of notice to accused - Court below without examining complainant and his witness on oath issued notice to accused - However, after complaint is filed, Magistrate should first examine complainant and witnesses on oath and thereafter, if Magistrate proceeds..........
Stamp Act, 1899, Section 33 -- Impounding of document - Recovery suit - Plaintiff had not filed suit for specific performance of contract rather he had filed suit for recovery of money that was given by him in part consideration of agreement to sell - Trial Court had committed an error in impounding the agreement to sell and sending it to Collector (Stamps) for..........
Criminal Procedure Code, 1973, Section 41A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35 -- Notice u/s 41-A Cr.P.C - Mode of service - Directions issued: (i) All the States/UTs must issue a Standing Order to their respective Police machinery to issue notices u/s 41-A Cr.P.C/S.35 BNSS only through the mode of service as prescribed under Cr.P.C/BNSS - Service of..........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Consent deed - Petitioner purchased property and entire revenue records were mutated in favour of petitioner - Original owner interfered with possession of petitioner by contending that father of petitioner had no valid title over the property - However, matter was settled in meditation by paying Rs.11 lakhs to..........
