Specific Relief Act, 1963, Section 34, 37, 31 -- Suit for declaration of title and injunction - Relief for cancellation of sale deed alleged to have been obtained by fraud and coercion not sought - Suit for declaration is more exhaustive to determine the title or validity of transaction - When relief of declaration of title is granted, it is in substance ignoring or..........
Specific Relief Act, 1963, Section 31 -- Void & voidable documents - Cancellation - A person can sue for setting aside void or voidable document - In case of a void document, affected party can ignore it and there is no need to get it set aside - However, in case of voidable document, party has to seek its cancellation if he feels that his rights are threatened...........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - A document is not invalidated for the mere fact that consideration was not paid before the Sub Registrar...........
Arms Act, 1959, Section 17 -- Cancellation of arms license - Validity of order passed by licensing authority - Cancellation made on the ground of pendency of criminal case against petitioner u/ss 147, 452, 447, 506, 419, 420, 467, 468 and 471 IPC - No evidence or material to indicate and suggest that conduct of petitioner has the tendency of endangering public peace and..........
Criminal Procedure Code, 1973, Section 439(2) -- Bail - Cancellation - Court which grants bail also has the power to cancel it - Discretion of grant or cancellation of bail can be exercised either at the instance of the accused, public prosecutor or the complainant on finding new material or circumstances at any point of time...........
Constitution of India, 1950, Article 14, 226 -- Education - Admission - LL.B. Course - Cancellation of admission - Estoppel - Compensation/damages - Admission of the petitioner cancelled by the respondent university as he had less than 45% marks in the qualifying examination and as such was ineligible for admission to LL.B. course - The University never approved the..........
Arms Act, 1959, Section 17 -- Arms licence - Cancellation - Mere involvement in a criminal case is not the sole ground for cancellation of arms licence - There has to be a finding with regard to disturbance of public peace and tranquility before a firearm license is cancelled...........
Court Fees Act, 1870, Section 7(4) -- Suit for declaration that sale deed is void - Suit filed on the allegations that the same is the result of fraud and misrepresentation - Held, it is a suit seeking relief of cancellation of sale deed - Thus ad valorem court fee is payable on the consideration of the sale deed...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Accused arrested in a corporate scam of commercial world causing judicial storm throughout the country and world over - Lacs of shareholders and others duped and the corporate credibility of the Nation received a serious setback - Bail granted by the High Court - Supreme Court cancelled bail - Held,..........
Partnership Act, 1932, Section 57, 58, 64 -- Partnership firm - Alteration in constitution as some partners retired and a new partner was introduced - Reconstitution of firm allowed by Registrar - Changes in the constitution of firm recorded in the Register of Firms - At the instance of one of the partners changes made were held to be void ab initio - Section 64 of the Act..........
