Registration Act, 1908, Section 68(2) -- Power of Registrar - Registrar does not have power to cancel registration of sale deed, execution of which has not been denied and has already been registered by Sub-Registrar, as power conferred u/s 68 of the Act upon Registrar is to exercise superintendence and control over Sub-Registrar administratively...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 41(5), 14(9) -- Dissolution of the Managing Committee - Power of the Registrar - There is no curtailment on the power of the Registrar, conferred under the Act, to dissolve the entire Managing Committee in terms of S.41(5)(b) of the Act, on behalf of the total number of seats of the Managing Committee of..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Power of appellate Court - Duty is cast upon appellate forum to reappraise the evidence itself and it cannot proceed to dispose of the appeal according to the appraisal of evidence by the trial Court alone, particularly when appeal has already been admitted and placed for final hearing...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat - Has no power or jurisdiction to pass a restraint order when it is dealing with application u/s 22C(3) till 22C(7) of the Act...........
Constitution of India, 1950, Article 276, Succession Act, 1925, Section 236 -- Power of Additional District Judge - In the instant case, petition was presented before the District Judge and it was transferred to the Court of Additional District Judge who has finally heard it and has decided the petition - Therefore, Art.236 of the Constitution interprets the words..........
Prevention of Money Laundering Act, 2002, Section 42 -- Appeal before High Court against order of appellate Tribunal - Limitation - Condonation of delay - Period of limitation is 60 days which can be extended further to 60 days - Court has no power to condone delay beyond maximum permissible period of 120 days...........
Employees State Insurance Act, 1948, Section 45AA -- Imposes condition of pre-deposit of 25% of demand amount for entertaining appeal - Appellate Authority is empowered to partially or completely waive condition of pre-deposit in given facts and circumstances - However, power is not to be exercised in routine manner or as matter of course - Only when strong prima facie..........
Registration Act, 1908, Section 17(1)(b) -- Registered document - A document once registered cannot be cancelled - Remedy of appeal provided in S.72 of the Act is limited to inaction or refusal of Registering Officer to register a document - Power conferred on Registrar by virtue of S.68 cannot be invoked to cancel the registration of document already registered...........
Civil Procedure Code, 1908, Section 148, Order 21, Rule 89, Limitation Act, 1963, Section 5 -- Auction sale - Setting aside - Limitation - Period of limitation to make application U.O.21.R.89 CPC is 60 days as per Art.127 of Limitation Act - Court has no power to extend time by invoking remedy u/s 148 CPC - Petitioner moved application after delay of 3 days from date of..........
