Registration Act, 1908, Section 71 -- Refusal to register - Sale deed - Specific reasons are required to be recorded for rejection of document, if any, after due application of mind in accordance with law taking into account the circulars and guidelines issued by Revenue and Land Reforms Department - Since impugned endorsement on the sale deed presented by petitioner does..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Donor gifted the suit properties to donee with absolute rights, but retained his right to enjoy the same till his death - After death of donor, donee would get absolute rights in respect of suit properties - Donor had no right to unilaterally execute any revocation deed for revoking the gift - Once donor..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Challenge to sale deed of the year 2005 in 2015 - Suit filed in the year 2010 - No averment in application as to what prevented plaintiff to challenge the sale deed earlier - Amendment sought is barred by limitation - Application rightly rejected...........
Agreement to sell -- Specific performance - Consolidation proceedings - Allotment of new chak - Suit for specific performance of contract cannot be decreed pertaining to newly allotted chak during consolidation operation instead of old chak pertaining to which agreement to sale was executed by defendant - Suit dismissed...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Plaintiffs not executant of sale deed - Plaintiffs not liable to pay ad valorem Court fee on the sale consideration mentioned in the sale deed - Ad valorem Court fee is required to be paid by executant of a sale deed who seeks to get it cancelled/annulled - A non executant who..........
Indian Penal Code, 1860, Section 302, 392 -- Murder and robbery - Deceased was murdered and in same transaction her ornaments were stolen - Some other gold ornaments and cash were also stolen away - Evidence shows that accused pledged those gold ornaments with Bankers - Owner and employees of Bankers identified accused as person who pledged gold ornaments - Accused denied..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 17A, 18B, Constitution of India, 1950, Article 246(1) -- Enforcement of security interest - Doctrine of pith and substance - Transfer of property, by way of sale or assignment, is only one of several measures of recovery of a secured debt owing to a bank -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Property in question jointly inherited by plaintiff and defendants Nos.1 to 15 and 17 to 21 from their paternal uncle - Status of plaintiff and said defendants was as co-owners of suit property as Class-II legal heirs - Defendant No.1 failed to prove that he is exclusive owner of suit property on..........
Liquor vends on highways -- Directions issued for prohibition of liquor vends on highways viz: (i) All States and Union territories shall forthwith cease and desist from granting licences for sale of liquor along with National and State Highways; (ii) Such restriction shall extend to and include stretches of such highways which fall within the limits of a municipal..........
Civil Procedure Code, 1908, Order 26, Rule 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, 13, 14, 15 -- Local Commissioner - Second commission - Setting aside of an earlier report - Law as to Commissions summarized viz. (i) There is no provision for setting aside the deposition recorded by the Commissioner or the report submitted thereof U.o.26.Rr.1 to 8 CPC which are dealing..........
