Agreement to sell -- Suit for specific performance - Agreement executed in the year 1980 on two stamp papers purchased on two different dates i.e. in the year 1973 and 1978 - Held, in the absence of any Rule requiring consecutively numbered stamp papers purchased on the same day, being used for an instrument, which is not intended to be registered, a document cannot be..........
Registration Act, 1908, Section 17, 49 -- Partition of joint family property - Deed insufficiently stamped and not registered - Document cannot be received in evidence - Factum of partition cannot be proved by oral evidence - Documentary evidence excludes oral evidence - Oral evidence is only corroborating of documentary evidence and cannot stand independently...........
DOCUMENT -- Nature - Document to be read as a whole - Recital that there was no partition of immovable property and that immovable properties are to be enjoyed in accordance with sharing of property as indicated in document itself - Held, document has to be taken as partition deed and not recital of terms of earlier partition...........
Stamp Act, 1899, Section 47A(3) -- Deficient stamp duty - Payment of - U/s.47-A(3) of the Act only Collector could recover deficient stamp duty within period of 3 years from date of registration of document - Order passed by Tehsildar after lapse of 6 years is unsustainable and is hereby set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Petitioner resigned as Director of company - Petitioner placed on record photocopy of Form No.32 - Held, that it is a document which the company is required to furnish before the Registrar of Companies in terms of S.303(2) of the Companies Act - This document is not a public..........
Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Section 5(3) -- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rules 14 & 15(6) - Termination - Document not above suspicion - Requirements of Rule 14 & 15(6) not complied with before invoking powers under S.5(3) of the Act - Order of termination cannot be..........
Insurance claim -- Medi - claim policy - Exclusion clause - Proposal for enhancement of coverage came from insurer side and accepted by respondent - Policy document received after hospitalization and surgery - No credence can be given to policy condition i.e exclusion clause - Further Insurance Company failed to produce any document indicating hospitalisation or outdoor..........
Criminal Procedure Code, 1973, Section 482, Securities and Exchange Board of India Act, 1992, Section 27 -- Quashing of complaint - Complaint filed by SEBI against petitioners plantation company for offences u/ss 11-B, 12(1-B), r/w S.24 of Act - Averments in complaint to effect that persons named in complaint are i, charge of affairs of company and responsible for conduct..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Exclusive possession of a party to suit premises is not conclusive as the other tests namely intention of parties and whether the document creates any interest in the property or not are important considerations - In the facts of present case defendant was allowed to run the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income - Income of deceased alleged to be Rs.12,500/- p.m. from agricultural and business as Commission Agent - No reliable document available in proof of income - High Court assessed income of Rs.3000/- from commission Agent and Rs.4000/- as agricultural income on guess work - Order upheld - Held,..........
