Societies Registration Act, 1860, Section 25 -- (As applicable in U.P.) - Registrar - Power to call general meeting of society for holding election - If the prescribed authority sets aside the election or if an office-bearer is held no longer entitled to continue in office under sub-section (1) or if the Registrar is satisfied that the election of the office-bearers of a..........
Registration Act, 1908, Section 17, 18(b) -- Document - Whether registration compulsory - Depends upon nature and contents of the document - The nomenclature given to the document is not decisive - Primary question to be considered is whether the document by itself creates or extinguishes rights in immoveable property worth more than Rs.100/- - Dispute between vendor and..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence in relation to certified copy of compromise deed alleged to have been entered into between the parties - Basic ingredients to be taken into consideration by Court under Section 65(c) while considering application for permission to lead secondary evidence : (i) conduct of parties, (ii) execution of document, and (iii)..........
Limitation Act, 1963, Section 5 -- Condonation of delay in filing appeal by State in land acquisition case - Mere fact that another Regular First appeal has been admitted - By itself cannot constitute a sufficient cause or ground for condonation of delay - A right of finality of judgment of District Judge has vested in non - applicant (respondent) - Cannot be taken away in..........
Land Acquisition Act, 1894, Section 25 -- Prohibition placed upon the amount to be awarded by Court and not upon admissibility of documents - Sale instances produced by State which reflect sale consideration lower than the amount awarded even by the Collector - Would not become inadmissible per se - Admissibility of a document and its relevancy on a case has to be..........
Civil Procedure Code, 1908, Section 92 -- Permission of Court - Sine qua non before institution of suit - Under Section 92 Legislature uses the words : "and having obtained the leave of the Court may institute a suit" - Necessary permission of the Court is a must before any step is taken - Without such a permission - Suit cannot proceed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Transfer of Property Act, 1882, Section 123 -- Oral gift of property worth more than Rs. 100/- in State of Punjab - Not permissible - Oral gift not saved from requirement of validity under Transfer of Property Act - Section 123 is applicable...........
Registration Act, 1908, Section 17 -- Oral relinquishment when property worth more than Rs. 100/- Not permissible - Relinquishment has to be effected by registered instrument in view of Section 17...........
