Indian Registration Act , 1908
S.17 – Unregistered Document- Recording of memorandum of family Settlement prepared after the family arrangement does not require registration.
Indian Registration Act , 1908
S.17 – Unregistered Document- Recording of memorandum of family Settlement prepared after the family arrangement does not require registration.
Indian Evidence Act, 1872
S. 65B – Evidence – Electronic records- Certificate under Section 65B(4) – Not necessary if original document is itself produced. [Information Technology Act, 2000, S.3 ]
Hindu Succession Act, 1956
S. 6: Equal right of a daughter in HUF – Devolution of interest in coparcenary property – Confers status of coparcener on daughters, even if born prior to the amendment, with effect from 9.9. 2005 – Amendment is retrospective. [ Hindu Succession (Amendment) Act, 2005 ]
Central Excise Act, 1944
S.4: Excisable valuation of goods for charging of duty of excise – Assessment – Relief – Rights of an assessee – Wrong mention of section would not be ground to refuse relief to an assessee if he is otherwise entile thereto .[Central Excise tariff Act , 1985 , Rule 57A ]
Indian Registration Act, 1908
S.17 : Documents which registration is compulsory – Family arrangement -A memorandum of settlement does not require registration- Order of High Court is set aside .
Notaries Act,1952 , S. 14
S.14:Reciprocal arrangements for recognition of notaries Acts done by foreign notaries – Presumption as to power of attorney- Document executed and authenticated before Notary Public of Singapore – Document cannot be judicially recognized. Winding up petition based on the power of Attorney executed before the Notary of Singapore is held to be not valid as per Indian law. [ Indian Evidence Act 1872, S.85 ]
Indian Contract Act , 1872
S. 59 : Application of payment where debt to be discharged is indicated – Apportionment between interest and principal- Firstly in payment of interest and cost therfater payment of principal amount , unless a specific direction contained in the decree or contract . [ S 60 , 61 ]
Constitution of India, 1949
Art. 311 (2) :Dismissal or removal -Disciplinary enquiry – Documents furnishing foundation of charge sheet must be supplied- Principle of natural justice is violated – Dismissal was held to be not vald .
Transfer of property Act ,1882
S.106: Duration ofn certain lease – Servicing of Notice –Notce sent by registered poat recived back wth report not present -No presumption can be drawn unless something more is proved by cogenet evidence that it was refised. [ Code of Civil procedure ,1908 , Order v , General Clauses Act , 1897 , S 27, Indian Evidence Act ,1872 S.114(f) ]
Land Acquisition Act, 1894
S.5A:Hearing of objections- Natural justice – Objective Application of mind to the objections raised – Officer hearing objection should himself decide objections and give report- Successor decides the case without giving a fresh hearing, the order would stand vitiated having been passed in violation of the principles of natural justice. [ S.5C ]