Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in..........
Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Right of pre-emption - - Pre-emption right claimed should find a place in document of conveyance either by gift, partition, settlement or sale and it may be either based on customary right or practice prevailed - Right of pre-emption can also be created by contract between parties...........
Constitution of India, 1950, Article 14, 226 -- Tender - Pre-requisite technical qualifications - Challenge as to - Technical criteria incorporated to judge capacity and efficiency of bidders - Merely because petitioner stands eliminated from competition due to non-fulfillment of essential minimum qualifying technical criteria given in technical document - Pre-requisite..........
Specific Relief Act, 1963, Section 36, 37 -- Temporary injunction - Grant of - Question as to existence of concluded contract - If Plaintiff pleading existence of concluded contract, leaving an executed document as a mere formality, the onus lay on the Plaintiff to demonstrate that the parties were ad idem having discharged their obligations - Failure of Plaintiff in..........
Agreement to sell -- Specific performance - Readiness and willingness - It was for plaintiff to establish his readiness and willingness for execution of agreement by entering witness box and proving his capacity to pay balance consideration amount - Power of attorney appointed later on was naturally unaware of preceding events, is incompetent to deny any document on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
Stamp Act, 1899, Section 33 -- Impounding of document - Mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act...........
Stamp Act, 1899, Section 33 -- Impounding of document - U, registered agreement to sell - Can be sent for impounding as per S.33 of the Act, as mere impounding of document does not obligate trial Court to receive the same in evidence as it requires registration also under provisions of Registration Act - Dismissal of application u/s 33 of the Act held, not proper - Trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque towards sale consideration - No document or evidence as to execution of conveyance - There was no existing debt or liability against which cheque was given - Accused acquitted...........
