Constitution of India 1949
Art .141 : Precedent – Ex-parte judgment without discussion is Per incurium hence not binding. [ Art .14, Banking Regulation Act 1949 , S,21A ]
Constitution of India 1949
Art .141 : Precedent – Ex-parte judgment without discussion is Per incurium hence not binding. [ Art .14, Banking Regulation Act 1949 , S,21A ]
Indian Registration Act, 1908
S.30 :Registration – Documents of sale or transfer of the properties must be registered at the place where the immovable property is situated. [ Bihar Amendment Act 1991 , S.30 , Transfer of Property Act ,1882, S.76 ]
Constitution of India 1949
Art .141 :Precedents – Binding nature -Decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength- A Bench of lesser quorum cannot disagree or dissent from the view of the law taken by a Bench of larger quorum – Subject to discretion of the Chief justice to refer the matter to larger Bench or assign the matter to a particular Bench to decide the issue . [ Consumer Protection Act 1986 , S.13(2)(a) ]
Transfer of property Act 1882
S.54: Sale – Power of Attorney – Sale of immovable property through execution of power of attorney sale agreement/general power of attorney/will instead of execution and registration of regular deeds of conveyance deprecated as illegal and irregular – The illegal and irregular process of `Power of Attorney Sales’ spawns several disputes relating to possession and title, and also results in criminal complaints and cross complaints and extra-legal enforcement and forced settlements by land mafia.Therefore request the Solicitor General to appear in the matter and give suggestions on behalf of Union of India. : [Indian Registration Act ,1908 , S.17, 49 ,Power of Attorney Act ,1882 S.2 ]
Indian Stamps Act,1899,
S.54: Stamp Papers – Use of old stamp papers i.e., stamp paper purchased more than six months prior to proposed date of execution may certainly be a circumstance that can be used as a piece of evidence to cast doubt on authenticity of agreement but that cannot be clinching evidence to invalidate the agreement. [ S.47, Indian Evidence Act , 1872 , S.45, 73 ]
Indian Registration Act ,1908 .
S.47: Registered Document – Operates from date of its execution – Not from the date of its Registration [ S.17 ]
Indian Partnership Act, 1932
S.37 : Rights of outgoing partner in certain cases to share subsequent profits – Retirement – Dissolution -Mode of settlement of accounts – When there are only two partners and one has agreed to retire, then the retirement amounts to dissolution of the firm . [ S.48 ]
Indian Contract Act , 1872 .
S.56 : Agreement to do impossible Act – An agreement to do an impossible Act is void -Doctrine of “Force Majeure” & “Frustration of Contract” – The effect of the doctrine of frustration is that it discharges all the parties from future obligations . [ Arbitration and Conciliation Act, 1996 .S 37 ]
Contempt Court Act , 1971 .
S.5: Fair criticism of judicial act not contempt -Contempt of Court by Advocates- It is obvious that this is a concerted effort to virtually hold the Judiciary to ransom- All three contemnors are sentenced to undergo simple imprisonment for a period of 3 months each with a fine of Rs. 2000. [Advocate Act .1961 S.7(b) Constitution of India , 1949 Art , 129 142 ]
Contempt Court Act , 1971 .
S.5: Fair criticism of judicial act not contempt – No party has the right to attribute motives to a Judge or to question the bona fides of the Judge or to raise questions with regard to the competence of the Judge- Judges are part and parcel of the justice delivery system- When there is a concerted attack by members of the Bar, the Court cannot shut its eyes to the slanderous and scandalous allegations made. If such allegations are permitted to remain unchallenged then the public will lose faith not only in those particular Judges but also in the entire justice delivery system and this definitely affects the majesty of law. [ Advocate Act , 1961 , S.7 (b) , Constitution of India , 1949 Art , 129 142 ]