Consent decree -- Family settlement - Of immovable property of a value greater than Rs.100/- - If it relates qua ancestral property then decree does not require compulsory registration - If it relates qua self acquired property then it requires compulsory registration, since it creates for the first time, right, title or interest in immovable property. (Registration Act,..........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power - Bribery - Complainant moved representation before ACP for registration of case but no appropriate proceedings were initiate - Complainant approached the high court without exhausting the alternative remedies available - Held, it is not exceptional case where the High Court should exercise its inherent powers..........
Registration Act, 1908, Section 17 -- Registration - Law does not mandate that attesting witnesses to a document must also be present at the time of its registration...........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Gift - Registration - S.123 of Act mandates that a Gift deed pertaining to immovable property must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - S.17 of Registration Act also requires that instruments of gift of immovable..........
Registration Act, 1908, Section 47 -- Registration - Subsequent registration of sale deed in the absence of executant/vendor before sub-registrar on the day of registration is of no avail to purchaser, particularly when sale deed was registered after 2 years of cancellation of allotment...........
Registration Act, 1908, Section 17(1)(g), 17(2)(v)(as - - Agreement to sell - Relief claimed in the suit only for refund of advance money paid under the agreement to sell - Agreement of sale simpliciter falls under S.17(2)(v) of the Act - Document can be looked into for collateral purpose under second exception contained in proviso to S.49 of the Act...........
Registration Act, 1908, Section 17(1)(g) -- Power of attorney - Irrevocable power of attorney relating to transfer of immovable property - Requires compulsory registration - However, when power of attorney nowhere indicate it to be irrevocable then it does not require compulsory registration...........
Registration Act, 1908, Section 17(1)(d), 49 -- Lease for more than one year - Requires compulsory registration - Said unregistered document can be read only for collateral purposes - So far as its validity is concerned, it can never be accepted as a valid document - If document is not valid then it is not admissible in evidence to establish the covenants/terms and..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Deceptively similar trade mark - Limitation - Defendant contended that trade mark was being used by defendant since 2009 but suit was filed on 8.11.2013 and such delay is fatal - An application for registration of trade mark moved by defendant now, shows that there was no registered trade mark..........
Trade Marks Act, 1999, Section 134, 135, Copyright Act, 1957, Section 55, 62 -- Deceptively similar trade mark - Registration - Defendant contended that Trade mark of plaintiff was not registered at the time of filing of suit - Plaintiff presented renewal certificate of registration of trade mark - Firm was holding a valid registration and merely because renewal..........
