Specific Relief Act, 1963, Section 34, 38, 39 -- Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - U, registered gift deed - Defendant relied upon a Will executed by plaintiff after deed of gift - Transaction of gift having concluded before execution of Will, is inconsistent to Will relied upon by defendant -..........
Partnership Act, 1932, Section 69 -- Partnership firm - Registration of partnership firm after filing of suit - Action to enforce right arising from a contract - Suit filed by unregistered firm is void ab initio - Subsequent registration will not cure initial and fatal defect...........
Registration Act, 1908, Section 17, 49 -- Unregistered agreement to sell - Admissible in evidence in a suit for specific performance...........
Registration Act, 1908, Section 17 -- Registration - Unregistered gift deed - Mohammadan law - Gift deed executed by Mohammedan is not the instrument effecting, creating or making gift but a mere piece of evidence and deed is in the form of declaration by donor, which does not require registration and is admissible in evidence, particularly when all the three essential..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Eviction petition - Determination of tenancy - Unregistered rent deed - Unregistered rent deed would no stand in way of Court to determine factum of tenancy from evidence on record as well as conduct of parties...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of occupancy rights - Plaintiff/claimant obtained occupancy rights on basis of lease deed - Lease deed being unregistered and ante-dated found to be sham - Even otherwise, plaintiff himself admitted that he is not in possession of land and cultivation on his behalf is carried out by servant under management of..........
Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........
Registration Act, 1908, Section 17 -- Registration - Unregistered decree - Family settlement - Any Civil Court decree passed in favour of family members on basis of family settlement who have some semblance right does not require registration...........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69(2) -- Rejection of plaint - No averments in plaint that plaintiff partnership firm is registered firm - In absence of firm registration certificate and tenancy agreement, without ascertaining existence of privity of contract, Trial Court has wrongly taken plaint on file by giving go to S.69(2)..........