Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - When cancellation deed or revocation deed unilaterally executed is null and void and that when such transaction is meaningless, it is just and fair to allow writ petition leaving it open to..........
Registration Act, 1908, Section 49 -- U, registered sale deed - Collateral purpose - Sale deed in question cannot be received in evidence, as it is not registered - It cannot also be received for a collateral purpose, as delivery of possession which is not a collateral transaction i.e independent or divisible from transfer recorded in sale deed...........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder and robbery - Circumstantial evidence - Last seen evidence - Prosecution relied upon evidence of PW8 to show that accused and victims were last seen together - However, PW8 in her evidence stated that accused had come one day before in night and next day deceased persons died - PW8 is a child witness, neither she..........
Registration Act, 1908, Section 17 -- Family partition - Registration of deed - Compulsory registration - Document in question is not a deed for affecting any partition in praesenti, but it is a document recording previous partition therefore, it need not be registered...........
Transfer of Property Act, 1882, Section 54 -- Oral sale deed - Where value of an immovable property is more than Rs.100 and upwards, it can only be made by registered instruments - In the instant case, admittedly value of property is more than Rs.100, therefore, alleged oral sale claimed by defendants cannot be accepted especially when there is no evidence to substantiate..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Court - FIR was registered at 08.30 p.m. whereafter complainant was sent to hospital for treatment - FIR reached Magistrate at 06.45 a.m. - It cannot be said that there was delay, much less inordinate delay in sending FIR to Court...........
Registration Act, 1908, Section 17, Registration of Births and Deaths Act, 1969 - - Immovable property having value of more than Rs.100/- - Cannot be transferred without there being registered document - Any document or instrument, which purports or intends to create title should be registered and in case, same is not registered, it would not affect any immovable property..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Registered gift deed - Mention on the first page Rs.5000/- as valuation of property for the purpose of stamp duty and registration charges - Cannot be said to be consideration received by the donor for executing the gift deed - As per registered gift deed no consideration passed - Gift deed is valid...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right to avoid..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 279, 304A -- FIR - Offence u/s 279, 304-A IPC - FIR registered on the statement of eye witness - No reason to fabricate or manipulate FIR in the case relating to a fatal vehicular accident...........
