Cancellation of Pattadar Pass Books -- Civil Court is not the proper forum to cancel the Pattadar Pass Books issued by revenue authorities...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to challenge cancellation of agreement to sell - Challenge to cancellation of agreement to sell is ancillary to main relief already sought in suit - Independent suit for that purpose will not be maintainable - Delay in filing application in these..........
Stamp Act, 1899, Section 47A -- Stamp duty - Assessment - Suit for cancellation of sale deed - Defence of defendants is that sale deed is valid - So long defendant is contesting the matter on the ground that sale deed is valid, stamp duty has to be paid - If there is any assessment of quantum, same has to be first considered and decided in appeal...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Ground of cancellation of bail and ground of rejection of bail are two different circumstances - At the time of hearing bail application, Court looks at the possibilities of violation of bail conditions and Court has to be more open and flexible - Whereas while hearing cancellation application, Court..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Primary considerations which weigh with Court are whether accused is likely to tamper with evidence or interfere or attempt to interfere with due course of justice or evade the due course of justice - There can be no arithmetical formula for fixing parameters in precise exactitude but the adjudication..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Order of bail can be cancelled on existence of cogent and overwhelming circumstances but not re-appreciation of evidence...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be cancelled on such circumstances which existed before grant of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Murder case - No incriminating evidence brought by petitioner which create an adverse opinion regarding conduct of respondent after grant of bail or that he threatened any witness or has tried to run away from justice - No cogent evidence on record which shows that respondent has instigated or promoted..........
Registered sale deed -- Cancellation - Consolidation authorities have no jurisdiction to ignore registered sale deed - If sale deed was obtained by committing fraud without paying sale consideration, sale deed can only be cancelled by Civil Court...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cancellation of sale deed - Cannot be sought on the ground of unpaid price - Sale deed executed by plaintiff does not incorporate any recital that title shall not vest in buyer until and unless sale price is paid - Title passed on buyer as soon as sale deed executed and registered - Plaint not..........
