Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Fishery rights - Right to catch and carry away fish - Amounts to profit or benefit arising out of land and is immovable property within the meaning and ambit of T.P. Act - Transaction of sale of the right to catch and carry away the fish if not effected by means of a registered instrument..........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - Most essential ingredient of offence u/s 409 IPC is entrustment - Unless any property is entrusted to any one, question of its misappropriation does not arise...........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust by public servant - Quashing of Charge sheet - Only charge against accused is that fund which was misappropriated by co-accused was deposited in his account - Accused failed to explain as to how and under what circumstances huge amount was deposited in his account -..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were absconding from village after the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and facts regarding possession was not..........
Agreement to sell -- Mere agreement to sell of immovable property does not create any right, title or interest in the property, till the time such agreement is specifically enforced...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........
Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Property purchased jointly by three persons - Shares not prescribed - It is deemed that all the three purchasers are equal owners to the property purchased...........
Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Purchase of property jointly by three persons - Shares not prescribed - Agreement executed on the same day indicating respective shares - After seven years a map disclosing shares in the property as per agreement - Agreement and map unregistered and unstamped - It is in effect a deed of partition with..........
