Registration Act, 1908, Section 17(1A) -- Registration - Compromise decree - Rights of parties which flow from compromise deed has been recognized for the first time by compromise decree and those rights were not pre-existing rights - Compromise memo thus, requires registration in view of S.17(1-A) of the Act...........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Collector u/s 47-A(3) of the Act has got no power to suo motu review the amount of stamp duty paid at the time of registration after a lapse of two years...........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Sub-Registrar has no authority to refer the matter to Collector after registration of sale deed and that too after a lapse of four years u/s 47-A(1) of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Having a case in the past per se does not fall u/s 12 Proviso of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Murder case - Appellant is a poor person - He and his father both are labourers - Case of appellant does not fall in S.12 Proviso of the Act - Best interest of appellant would be served if he is given to custody of his father - Bail granted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(b), 29 -- Contraband - Non-compliance of standing order - No specific material forthcoming with respect to fulfillment of Clause 2.5 of Standing order on the colour testing conducted using the drug identification kit - There is also no material to hold that seized contraband was converted into 10 containers..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Decree for permanent injunction cannot be passed only on the basis of possession in pursuance of an agreement to sell...........
Agreement to sell -- Agreement to sell in respect of immovable property - Title is not transferred in favour of purchaser under the agreement - Only mode by which an immovable property worth more than Rs.100/- can be sold is by of sale deed duly registered in accordance with Registration Act...........
