Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 409, 419, 465, 468, 34, Karnataka Registration (Deed Writers Licence) Rules, 1979, Rule 2(i), 10 -- Quashing of FIR - Cheating and Forgery - Deed Writer - Photograph in agreement of sale is completely different even on prima face look - Signatures appears to be different in General Power of..........
Indian Penal Code, 1860, Section 467, 468, 471 -- Offence u/ss 467, 468, 471 IPC - Sale deed in question is genuine and not a forged document - Whether it conveys title to transferee is a legal question to be decided by competent Civil Court - Ss.467, 468, 471 IPC do not get attracted against petitioner - Order taking cognizance quashed...........
Indian Penal Code, 1860, Section 420 -- Cheating - No allegation of complainant that any accused has made any representation to him to part with any property - As such for want of any representation, question of any fraudulent or dishonest inducement of complainant does not arise - Moreover, complainant has not parted with any property to accused, nor has he executed sale..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff sought right over property on the basis of agreement of sale - Execution of sale agreement does not convey any right in respect of suit property unless execution of registered sale deed to be made in favour of plaintiff, where suit property is immovable property worth..........
Stamp Act, 1899, Section 47A(1) -- Deficient stamp duty - Sub-Registrar has no authority to refer the matter to Collector after registration of sale deed and that too after a lapse of four years u/s 47-A(1) of the Act...........
Agreement to sell -- Agreement to sell in respect of immovable property - Title is not transferred in favour of purchaser under the agreement - Only mode by which an immovable property worth more than Rs.100/- can be sold is by of sale deed duly registered in accordance with Registration Act...........
Agreement to sell -- Specific performance - Plaintiff made repeated demands to defendant to execute sale deed - Plea by defendant that plaintiff had not issued any notice asking him to execute the sale deed - There is no rule in evidence that a notice must always be in a written form...........
Limitation Act, 1963, Article 58, 59 -- Limitation - Prayer for two reliefs - Composite suit for cancellation of sale deed and recovery of possession - Limitation period should be considered with respect to substantive relief of cancellation of Sale Deed which would be three years from the date of knowledge of Sale Deed sought to be cancelled...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
