Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - After the sale of vehicle neither the transferee nor registered owner took any steps to change the owner in records of Registering Authority and the Certificate of registration of offending vehicle - Held, Registered owner, whose name is in the records of the Registering authority as the owner of..........
Indian Penal Code, 1860, Section 420, 465, 467, 471 -- Forgery - Cheating - Reduction of sentence - Dispute related to sale of land - Dispute is in personal nature and civil remedy is also available to complainant - Petitioner had already undergone the imprisonment for the period of 3 months and 15 days out of total punishment - Petitioners are facing trial for last 10..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 - - Regls.10, 44 - Lease Property - Transfer - Lock-in-period - Hirer is competent to alienate property as he has become owner of property by paying all outstanding amount - Held, though documents of transfer were executed within lock-in-period, but fact remains that subsequent to such..........
Indian Penal Code, 1860, Section 415, 417, Criminal Procedure Code, 1973, Section 401 -- Cheating - Revision - Acquittal of accused - Validity - FIR lodged by complainant stating complainant gave an amount to accused for purchasing land - No documentary or Negotiable Instrument to show payment to accused - No document to show amount had been withdrawn from bank - No sale..........
Income Tax Act, 1961, Section 256 - - Payment of penalty - Liability - Revised income considered on basis of unexplained deficiencies in shape of fixed Deposits, deficiency in stock, expenses incurred in cash and cash received on sale property etc - Held, basis of penalty is not estimated household expenses but other reasons - Held, assessee is liable to pay penalty...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Examination of sale deed as genuine or result of forgery - - Permissibility - Person to whom petitioner wanted to be arrayed is best person to know the person who represented himself to be deceased during proceedings and affixed thumb impressions on sale deed as an executant both at time of preparation of..........
Indian Contract Act, 1872, Section 63, 73, 74 -- Auction sale - Extension of time - Appellant being highest bidder deposited earnest money - Balance amount was to paid within 3 months - However, time had been extended on several occasions thus time is no longer essence of contract - DDA cancelled the allotment of plot and forfeited the earnest money without giving any..........
Specific Relief Act, 1963, Section 34, Indian Contract Act, 1872, Section 15, 16, 17, 18 -- Suit for declaration - Execution of sale deed through fraud, misrepresentation, coercion, undue influence and without consideration - Proof - Plea of arrest was taken by plaintiff during execution of sale deed - Absence of any record of police station to prove plaintiff's arrest -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial Court while rejection of plaint passed impuged order that Plaintiffs being no, executant of sale deeds and not seeking possession and not liable to pay ad valorem court fees and merely because a person is witness to one of sale deeds, he could not be said an executing party of sale deed - Held,..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 5, 13 -- Acquisition of rights and interest in financial assets - Security Interest - Once the debt has been assigned by IFCI to Asset Reconstruction Company, it steps into its shoes as secured creditor and can take whatever action a secured creditor could take..........
