Transfer of Property Act, 1882, Section 123 -- Gift deed executed by original owner, presented for registration by a duly authorised power of attorney, document duly attested by two witnesses out of whom one witness examined to prove the deed - Nothing more required to be done to satisfy requirements of Section 123 particularly when no specific denial taken to execution or..........
Evidence Act, 1872, Section 68 - - Proof of registered document - Proviso to Section 68 dispenses with necessity of calling attesting witness in proof of any document, except a Will, which has been registered when there is no specific denial by party against whom the document is relied upon...........
Transfer of Property Act, 1882, Section 3, 123 -- Validity of execution/ attestation of/in the deed - Mixed question of fact and law - Not a pure question of law - Objection not raised regarding validity of execution/attestation of/in the deed - Cannot be raised for the first time before Appellate Court - Evidence Act, Section 68...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Conditions mentioned in section must be strictly fulfilled before second appeal can be maintained - Memorandum of appeal must precisely state substantial question of law - High Court obliged to satisfy itself existence of substantial question of law - High Court can hear appeal on substantial question of law though..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 15 -- Execution - Joint decree - Joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the share of the decree holders are defined or those shares can be prescribed or the share is not is dispute as the executing Court cannot find out the shares of the decree..........
A P Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 2(iii) -- Part of building - Meaning - Part of building referred to in clause (c) Section 10(3) has to be understood in the context of definition of word `building' u/s 2(iii) - Section 10(3)(c) would apply in case where out of leased premises, a part thereof is in occupation of landlord - Building, a unit..........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Constitution of India, 1950, Article 14 -- Plea of entitlement being similarly situated - Preferential allotment of plots in favour of certain persons under Punjab Town Improvement Act - Court should first decide the question whether allotments in favour of those persons within scope of Rules applicable - Allotments in favour of other persons if not within scope of Rules -..........
Hindu Succession Act, 1956, Section 15(1)(b) -- Female Hindu - Property inherited by female Hindu from her father or mother - Would not fall under sub-section (1) of S.15 but under sub-section (2) - Appellant's wife and her sister inherited property from their mother - Appellant's wife died - Appellant's claim of half share of property - Not tenable - Property would..........
Punjab Co-operative Societies Act, 1961, Section 55(1)(b) -- Dispute between employee of Co - operative Society (Nalvi) and another Co - operative Society (Shahbad) - Employee though employed by Co - operative Society (Nalvi), in fact, a member of another Co - operative Society (Shahbad) - Dispute with reference to amount collected by member of Co - operative Society..........
