Agreement to sell -- Specific performance - Suspicious circumstances - Plaintiff failed to prove all the aspects and there is no satisfactory evidence about the execution of agreement, payment of consideration, delivery of possession and terms of contract - There is strong suspicion about stamp paper on which agreement was executed - Scribe of agreement not examined -..........
Advocates Act, 1961, Section 2(d), 3, 35 -- Professional misconduct - Allegations of misconduct of violating terms and conditions of his appointment as Notary - Status of person as an advocate is sine qua non to be recognized as Notary - Misusing blank stamp papers with attestation by affixing his signature as well as rubber stamp impressions is very serious conduct..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 2(c)(i) -- Public servant - Licensed stamp vendors of Government of NCT Delhi, issued license under Stamp Act or Court Fees Act or under any subordinate legislation is public servant within the meaning of S.2(c)(i) of the Act...........
Prevention of Corruption Act, 1988, Section 2(b), 2 - - Public duty - Stamp vendor - Providing public easy access to stamp papers which are essential for legal transactions can be said to be fall within meaning of expression performance of public duty - A person issued a licence by Govt. to perform a public duty is public servant...........
Prevention of Corruption Act, 1988, Section 2(c)(i) -- Public servant - Stamp vendor - Commission - Meaning - Commission is used occasionally to discount - It is a percentage deducted in the case of goods which are consigned the ordinary invoice price...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Appellant a stamp vendor charged excess amount on stamp papers - Complainant and panch witness fully supported the case of prosecution that appellant was in habit of leaving a few serial numbers blank at bottom of some pages of register so that he can use them later in order to sell..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Allegation that conscious demand and acceptance of extra amount demanded by appellant for selling stamp paper - Inconsistency in depositions of panch witness and Raid Officer regarding where tainted money was got recovered - Evidence of complainant fully corroborates the evidence of..........
Hindu Marriage Act, 1955, Section 13(1A)(ii) -- Divorce - No restitution of conjugal rights between parties for more than one year after passing of decree u/s 9 of Hindu Marriage Act - Non-execution of decree of restitution of conjugal rights - Even in the absence of any attempt being made by husband by way of resorting to execution proceedings under CPC, husband entitled..........
Stamp Act, 1899, Section 47A(1)(2) -- Registered sale deed - Determination of value or consideration - After lapse of three years of registration of sale deed, Sub Registrar referred the matter to Collector alleging that sale deed was registered at less than fixed rate - Fixed rate necessarily would be rate fixed by Divisional Magistrate - On basis of reference notice was..........
Transfer of Property Act, 1882, Section 100, Registration Act, 1908, Section 17 -- Charge - Registration of charge is compulsory and in absence of registration, charge cannot be enforced - Document purporting to create charge is required to be executed on a stamp paper of requisite value under the provisions of Stamp Act...........
