Agreement to sell -- Unstamped, unregistered and only photocopies of original - Permission sought to pay necessary stamp duty - Decision of application cannot be deferred to the stage of final disposal of suit - Trial Court directed to adjudicate application at this stage itself. (Stamp Act, 1899, S.33)...........
Registration Act, 1908, Section 17, 49 -- Partition - Registration - Execution of an unregistered deed of acknowledgment of previous partition - Unregistered partition deed is a valid document...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Complainant claiming repayment of debt on basis of unregistered and unstamped Memorandum of Understanding - According to Stamp Act, 1899, Courts can receive u, stamped or insufficiently stamped documents in evidence without insisting..........
Evidence Act, 1872, Section 90, 68 -- Presumption u/s 90 of the Act - Genuineness of Will - Neither attestor nor scribe has been examined - Moreover, Will apart from being unregistered not proved in manner known to law - Hence, presumption u/s 90 of the Act would not apply...........
Hindu Succession Act, 1956, Section 15(2)(b) -- Issueless widow inheriting property from husband - Unregistered compromise decree in favour of sister's son is illegal - Property reverts back to husband's heirs...........
Hindu Succession Act, 1956, Section 16 -- Property inherited from husband or father-i, law - Unregistered compromise decree in favour of sister's son of widow - Sisters son is not family member - He has no remote chance of succession...........
Registration Act, 1908, Section 17(aa), 49 -- Unregistered agreement to sell - Can be used as an evidence of collateral purpose as per S.49 Proviso of the Act and admitted in evidence of contract in a suit for specific performance...........
Limitation Act, 1963, Article 64, 65 -- Limitation - Plea of adverse possession - Admittedly, appellant is a third purchaser of suit property from deceased and is in possession of property since long through oral sale-deed - Limitation for adverse possession cannot be reckoned from period of oral agreement rather period will be reckoned from the date of alleged..........
Partnership Act, 1932, Section 69(2), Negotiable Instruments Act, 1881, Section 30, 37 -- Suit for recovery of money, by unregistered partnership firm, on the basis of dishonoured cheques - Suit not barred u/s 69(2) Partnership Act as liability is sought to be enforced created under the Negotiable Instruments Act and not on the original cause of action...........
