Grounds challenging gift deed
State Financial Corporation.
(2003) 2 SCC 721.
The penalty amount leviable on the instrument also didn't require or call for any enquiry which could possibly call for a reference to the Registrar.
(2005) 2 SCC 42 as under: "The principles of res judicata and such analogous principles although are not applicable in a criminal proceeding, still the courts are bound by the doctrine of judicial discipline having regard to the hierarchical system prevailing in our country.The word 'maintenance' in Section 39 of tine Transfer key appreciation rewards of Property Act is not restricted to food and clothing but includes residence within its meaning.The time can be extended only in exceptionally hard cases.In such a case, the Central Act will give way to the State Act only to the extent of inconsistency between the two, and no more.In cities sometimes all the four walls of the compound may not be owned by the owner of the house which is enclosed with a compound.In short the testator, by making a Will does not alter the existing state of things in regard to the property.For this purpose, a Committee was constituted so as to ensure that the amendments become effective and result in quicker dispensation of justice.Many times even notice is not given to them.Partition AND family arrangement - records oreviously completed- registration : The parties are decendants of a common ancestor, who had two sons.It is required to be shown that the Will has been signed by the testator with his free will and that at the relevant time he was in sound disposing state of mind and understood the nature and effect of the disposition.
But unfortunately the First Appellate Court has failed to understand the validity of the decree so passed and held that the decree is not a registered one and the title has not passed through the plaintiff's mother.
Be that as it may.
However, so far as the affidavits filed on behalf of State of Gujarat about the use of biogas and the usefulness of the draught animals has to be taken with pinch of salt, in both the affidavits it has been admitted that urine and the.
It needs to be remembered that courts cannot run the government.
Ordinarily, if other side is compensated by costs, then there is no injustice but in practice hardly any court grants actual costs to the opposite side.
A stranger to the document is not bound by the terms of the document and is, therefore, not excluded from demonstrating the untrue or collusive nature of the document or the fraudulent or illegal purpose for which it was brought into being.Commissioner, Jabalpur, the Supreme Court, dealing with the issue concerning repugnancy between the State Act and the Parliamentary legislation, has observed thus at paragraph-10:.Under Article 254(1) of the Constitution, if any provision of a law made by the Legislature of a State is repugnant.The State, 19 while, analysing the provisions of the Act observed (at 1048 "that the provisions of the Act indicate that it was intention of the legislature to treat more severely than hitherto corruption on the part of a public servant and not to condone.To the Act, but was a 'memorandum of agreement' chargeable to stamp duty of under Art.So also in civil cases there may be degrees of probability." Agreeing with this statement of law, Hodson, LJ said "Just as in civil cases the balance of probability may be more readily fitted in one case than in another, so in criminal cases proof.