Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - Merely because Sub-Registrar permitted a document to be registered for higher value than guideline value per se cannot be an illegal act or misconduct - Variations in the value of document advantageous to Government unless and until, it is proved to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(a), Indian Penal Code, 1860, Section 468, 34 -- Illegal gratification - When it is not an offence to purchase a property for a value higher than guideline value and when it is not an offence to accept such document for registration without resorting to S.47-A of Stamp Act, conviction and sentence imposed on accused is..........
Will -- Registration - Mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49 -- Lease of immovable property for five years with provision for renewal for further five years - Lease deed requires compulsory registration...........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Lease in question was for the purpose of business and/or factory - Property described in schedule to be estimated 16 cottahs of land with a factory shed/godown space - Such description would not be sufficient to establish that same was for manufacturing purpose - Lease in question was given for commercial purpose..........
Agreement to sell -- Recovery of earnest money - Plaintiff was not ready and willing to buy the land in question on target date fixed for execution and registration of sale deed as he was not possessed with balance sale consideration - Readiness and willingness on the part of plaintiff not proved - Suit rightly dismissed...........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 57(5) -- Registered sale deed - Certified copy of sale deed is a copy of registration entry which is itself a copy of original and is a public document u/s 74(2) of Evidence Act - S.57(5) of Registration Act, makes it admissible in evidence for proving the contents of its original...........
Registration Act, 1908, Section 17, 89(4) -- Registration - Refund of stamp duty - Registration of a document u/s 17 of the Act was done properly at the choice of petitioner - Sale certificate was not communicated by Authorized Officer to Registering Authority and procedures as contemplated u/s 89(4) of the Act had not followed - Petitioner thus, not entitled to seek..........
Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 120B -- Cheating - Quashing of FIR - Accused being power of attorney executed sale deed in favour of wife of complainant - Offence of inducement to purchase property as disclosed in the FIR, was allegedly committed by some other co-accused - Patta was issued by and to some other co-accused and accused was not a..........
Will -- Registered - Will could not have been registered without presence of testator at the Sub Registrar Office and his acceptance and willingness are also matters of confirmation by Sub Registrar during registration - Will not found to be tainted with any strong suspicion...........
