Criminal Procedure Code, 1973, Section 154 -- Registration of FIR - Preventive detention - Simplicitor registration of FIR by itself cannot have any nexus with breach of maintenance of public order and authority cannot have recourse under Gujarat Prevention of Anti Social Activities Act as no other relevant and cogent material exists for invoking power u/s 3(2) of the said..........
Trade Marks Act, 1999, Section 2(zb) -- Trade mark - Exclusive use - Plaintiff is registered owner of label mark in Class-30 of Classification of goods and services - In said registration there is a disclaimer for word `MALABAR' - Plaintiff though claims exclusive right over word `MALABAR' since there is a disclaimer to exclusive use of word `MALABAR', he has no right over..........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Offence u/s 22 of NDPS Act - Illegal detention - Compensation - Police propounded two parallel stories for the purpose of registration of case against petitioner and falsely implicated him - Petitioner had to remain behind bars for a period of 5 months and 10 days - It is altogether different matter that..........
Agreement to sell -- Specific performance - Time essence of contract - Agreement to sell - Last date for execution of registration of sale deed agreed between parties - Once last date has been mentioned, Court was not correct in returning finding that time was not essence of contract. (Contract Act, 1872, S.54)..........
Registration Act, 1908, Section 17 -- Registration - Partition list requires compulsory registration as per law - Said document having not been registered, no right would flow under said document in favour of party...........
Registration Act, 1908, Section 17 -- Consent decree - Registration - Consent decree passed on the basis of family settlement arrived about six months back and affirmed by virtue of decree - Decree does not require registration...........
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17 -- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
Registration Act, 1908, Section 17 -- U, registered receipts and documents varying the terms of original agreement to sell, were not the documents received in evidence for collateral purpose - Said documents were direct evidence evidencing variation of contract of a registered document cannot be varied by unregistered document executed in future...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 118 -- U, registered exchange deed - Deed of exchange relating to immovable property above value of Rs.100, can be made only by registered instrument, as it has effect of creating and taking away rights in respect of an immovable property - Since deed of exchange is not been registered, it cannot..........
