Will -- Registered - Presumption - Will was registered and Sub-registrar examined and filed his report - Sub-registrar proved execution of Will - Moreover, presumption that official act has been done in accordance with law and rules prescribed has to be drawn in favour of Sub-Registrar u/s.114(e) of Evidence Act - Onus is upon plaintiff to prove undue influence and..........
Christian Marriage Act, 1872, Section 7 -- Marriage Registrar - District Magistrate is empowered to act as Marriage Registrar, if no such Registrar is appointed under the Act...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 227, 482 -- Dishonour of cheque - Offence by company - Admittedly, resignation of accused was accepted by company and resolution was passed by company - However, forwarding of Form No.32 by accused to Registrar of Companies will be matter of trial - Therefore, Court cannot enter into..........
Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 16, Insolvency and Bankruptcy Code, 2016, Section 252 -- Companies Act, 1956, Board for Industrial and Financial Reconstruction Regulations, 1987, Regns.8, 18, 19 - Dismissal of reference application - Jurisdiction - Appellate Authority abated company to seek a reference under the Act, 1956 - Claim to..........
Evidence Act, 1872, Section 65(e) -- Secondary evidence - Certified copy of registered sale deed is secondary evidence of public record kept in Registrar's office and is admissible in evidence u/s 65(e), (f) of the Act...........
Stamp Act, 1899, Section 33A -- Recovery of deficit stamp duty - Limitation - Sub-Registrar not entitled to commence enquiry u/s.33-A after expiry of 3 years from date of registration of instrument - In the present case, no enquiry was conducted within period of 3 years by giving notice to petitioner - Moreover, straightaway order was passed by calling petitioner to pay..........
Punjab Co-operative Societies Act, 1961, Section 55, 63, 64, 65, 66 -- Execution of orders - Award passed under Act is executable as decree of Civil Court - Registrar has also power under Act for recovery of amount by attaching any property...........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Delay in filing appeal already condoned - Since plaintiffs/applicants have compiled with the provisions of O.44.R.3(1) CPC, there is no need to examine their status regarding pauperism from registrar - Applicants permitted to sue the matter without paying Court fee...........
Succession Act, 1925, Section 276 -- Probate - Will and codicil - Original documents not on record and there is no evidence as to what happened to them - Though petitioner was allowed to prove the same by secondary evidence, but he failed to lay foundation for leading secondary evidence - Said document purport to be registered even if original thereof was not available,..........
Registration of Births and Deaths Act, 1969, Section 15 -- Correction of entry in register of birth and deaths - Registrar has power to correct any error or entry without any alteration of original entry by making a suitable entry in the margin and also sign the marginal entry - Said power can be exercised by Registrar, if it is proved to the satisfaction of Registrar that..........
