Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Non-examination of scribe - Held, no, examination of scribe of FIR who was best person to give evidence as regard disclosure of identity of accused-persons by victim girls, creates a doubt on veracity of version of informants that they got FIR written and filed after knowing identity of accused-persons...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature in the document is not the governing factor - The essential feature that distinguishes a lease from licence is always a transfer of interest in the demised property in a transaction of lease while a licensee does not involve any such transfer of interest - Further..........
Partition -- Khasra numbers not mentioned in the document - Becomes void contract being uncertain - Moreover partition not entered in the revenue record and is unregistered - Held, the same is unreliable and no relief can be granted on the basis of such document...........
Registration Act, 1908, Section 17 -- Sale - Oral sale of property of more than Rs.100/- before coming into force of S.54 of Transfer of Property Act to the State of Punjab - Plea that property could not be transferred without a registered document carries no weight...........
Transfer of Property Act, 1882, Section 58(c) -- Transaction whether a mortgage by conditional sale or a sale with a condition of repurchase - It is a vexed question - One of the ingredients for determining the true nature of transaction is that the condition of repurchase should be embodied in the document which effects or purports to effect the sale...........
Document -- Character - A document must be read in its entirety - When character of a document is in question, although the heading thereof is not conclusive but it plays a significant role - Intention of parties must be gathered from the document itself but circumstances attending thereto are also relevant particularly when the relationship between the parties is in..........
Agreement to sell -- It can be oral - It can be by exchange of communications which may or may not be signed - It may be by a single document signed by both parties - It can also be by a document in two parts, each party signing one copy and then exchanging the signed copy as a consequence of which the purchaser has the copy signed by the vendor and a vendor has a copy..........
Notaries Public Rules, 1956, Rule 11(2) -- Notarized document - Proof of execution - In absence of producing of notarial register wherein entry of notarization was made there is no proof of execution of document before him...........
Registration Act, 1908, Section 17 -- Document not registered as required - Notarization of document - Not any additional qualification to give the unregistered document any extra worth...........
Indian Penal Code, 1860, Section 148, 149, 452, 302 -- Seven accused entered the house of informant at night armed with country made pistols and licensed guns and caused death of deceased by firing shots at him - Trial Court convicted all of them - In appeal High Court found only appellant guilty of firing a shot at the deceased - Appeal against conviction - Held, that..........
