Constitution of India, 1950, Article 226 -- Writ - Rewari Co-operative Marketing Society - Society is controlled by Registrar Co-operarive Societies, Haryana - Society has its own Rules and Rules are being violated while denying compassionate final assistance to family of deceased-employee - Court has got jurisdiction to issue a writ to quash impugned order and issue writ..........
Special Marriage Act, 1954, Section 27 -- Divorce - Cruelty - Suppression of actual age, educational qualification by wife - Marriage between parties took place subsequent to love affair between them, rendering the age factor baseless - Moreover, their marriage is registered hence husband had all opportunities to verify actual age of wife from her testimonies at her..........
Will -- Execution of unregistered Will - Suspicious circumstances - Will prepared on verandah of Sub-Registrar office but the same was not registered - Plea taken by witnesses that scribe told them that the Will need not to be registered, creates doubt in the absence of no, examination of scribe, especially when one of the witness had categorically stated that testator..........
Hindu Marriage Act, 1955, Section 24 -- Ad-interim maintenance - Court directed Railway authority to deduct Rs.10,000 p.m from the salary of husband as maintenance to wife - But said order not implemented by Railway authority - Husband was aware that Railway authority have stopped deducting amount of Rs.10,000 - In that eventuality, husband have to make payment of monthly..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was ready and willing to perform her part of contract, as she went to office of Sub-Registrar along with balance sale consideration on the appointed date of registration and execution of sale deed, but defendant did not turn up - Since agreement to sell is duly proved and plaintiff is ready..........
Stamp Act, 1899, Section 47A(1), (3) -- Under valued instrument - Admittedly no action was taken by Registering Officer much less Sub Registrar u/s 47A(1) of the Act and he handed over document after registration to vendee and made reference after expiry of one year - Said action has to be initiated by Collector cum District Revenue Officer suo moto - Sub Registrar is not..........
Registration Act, 1908, Section 17, 72 -- Sale deed - Refusal to register - Power of Registrar - If sale deed, validly executed with proper stamp paper is presented before registering authority then he is required to satisfy himself in terms of the provisions of 1908 Act and any other circulars and guidelines issued by land reforms department to conclude that whether the..........
Will -- Proof - Will executed in favour of all the defendants - Merely because one of defendants accompanied testator at the time of execution of Will and also signed before Sub Registrar has no significance in view of fact that he was not major beneficiary...........
Maharashtra Co-operative Societies Act, 1960, Section 18, 165, Maharashtra Co-operative Societies Rules, 1961, Rule 17 -- Division of co-operative society - Consultation with Federal society - Stage of - Once final draft order prepared by Registrar after consultation with Federal society is submitted - It need not be sent to Federal society again...........
Will -- Suspicious circumstance - Thumb impressions of testator on left side of paper/will - It depends upon practice by a particular deed writer as to whether he takes signatures/thumb impressions of testator on left side, right side or middle of paper - It is not a suspicious circumstance about execution of Will for the reason that two more thumb impressions of testator..........
