Registration Act, 1908, Section 71 -- Refusal to register sale deed regarding which dispute was pending in Court - Sub Registrar has no authority to refuse to register a document on the ground that the vendor has no title to the property in question and is not competent to execute the sale deed - Transferee gets the right, title and interest of the transferee, if its..........
Banking service -- Deficiency in service - Letter of Credit - Non honouring of - Held that in dynamic situation the interpretation to a commercial document has to be consistent and workability of the L.C. - More importantly, intention of the parties has to be given weight - Purpose of L.C. is to enable the Bank to make the payment to the supplier on receipt of goods -..........
Transfer of Property Act, 1882, Section 106, 107 -- Tenant by holding over - Original lease was executed for a period of 5 years - There was clause for renewal of lease after its expiry - Tenant not exercised the right of renewal - Held, that since the lease was for a period exceeding one year it could only have been extended by a registered document to be executed by both..........
Evidence Act, 1872, Section 92 -- Construction of Document - Title of document not relevant - Intention of parties to be gathered in respect of transaction by reading the entire document...........
Criminal Procedure Code, 1973, Section 173(2) -- Charge sheet filed but some document which were not available not filed - Those documents filed subsequently - Held, even if all the documents are not filed, submission of charge sheet itself does not become vitiated in law...........
Transfer of Property Act, 1882, Section 58(c) -- Condition of reconveyance embodied in document itself - It has to be regarded as mortgage...........
Stamp Act, 1899, Section 35 -- Stamp duty - Deficient - Objection as to - Court is bound to decide objection before proceeding further - Marking of document in evidence subject to decision of objection at later stage - Held, not proper...........
Evidence Act, 1872, Section 67 -- Proof of document - Notice sent through registered post - `Endorsement' of postman that notice has not been claimed - Not an execution of document - Not comparable to proof of execution of a document - Contention that Postman required to be examined to prove the endorsement - Misconceived...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Non production of evidence due to inadvertence or lack of proper legal advice - Not a ground to allow additional evidence (Per Tarun Chatterjee, J.) - Document sought to be produced as additional evidence will enable Court to pronounce judgment more satisfactorily to its conscience..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Arrears of rent - Balance sheets produced to show payment of rent - Held, it is self serving document - No other evidence produced - Payment of rent could not be believed...........
