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APEX COURT DIGEST 2016 - 1

T.P.Act - Registered sale deed coupled with an agreement of re conveyance - for a transaction to constitute mortgage by conditional sale, it is necessary that the condition is embodied in the document that purports to effect the sale. But not when  Sale Deed dated 14.06.1972 and  Agreement of re conveyance dated 14.06.1972 having been executed on the same day and both ought to be read together and when the Sale Deed was executed only as a security for the loan and it was never the intention of the 1st respondent-plaintiff to convey the suit property. Since 1st respondent- plaintiff has paid back the loan amount i.e. Rs.6,700/- as is evident from the subsequent Agreement dated 05.06.1974, the Courts below rightly recorded the concurrent findings of fact that  Sale Deed is not binding on the 1st respondent-plaintiff. Once repayment was made, the 1st respondent-plaintiff was entitled to the declaration as prayed for no need to ask for  cancellation of sale deed.

MADRAS HIGH COURT DIGEST - 1

WHO IS AN AGGRIEVED PERSON UNDER SEC.68 OF INSOLVENCY ACT
The petitioner herein was a lessee of the property which was sold by the Official Receiver. The petitioner filed the above I.A. No. 49 of 1966 on the file of the Sub-Court, Ootacamund, on the ground that the sale conducted by the Official Receiver was vitiated for two reasons (1) that the sale was conducted without notice to him as lessee in possession of the property sold and (2) that there was no sufficient publication so as to attract the highest bid. The ?Courts below have taken the view that the petitioner herein is not an aggrieved person so as to entitle him to file an application under Section 68 of the Provincial Insolvency Act for setting aside the sale conducted by the Official Receiver of the insolvent's property that as a lessee he is not entitled to any notice of sale and that as such the petition filed by the petitioner for setting aside the sale was not maintainable. In that view, both the Courts have not gon…

APEX COURT DIGEST - Jan.2017 [9],

Sections 406, 409 read with Section 120(B) of IPC-for quashing of FIR on the ground that it is purely civil in nature -entered  into a conspiracy, pursuant to which fabricated documents  were  created  and  in land acquisition proceedings concerning land bearing City Survey No.  20722, situated within the limits of Aurangabad Corporation,  compensation  to  the tune of Rs.23.48 lacs was received by the appellant without there being  any entitlement. - HELD THAT - We have gone through the record and considered rival submissions.  The  High Court found three infirmities namely  that  Onkargiri,  predecessor  of the plaintiffs in Regular Civil Suit No.81 of 1993 did not have any title;  that no sale deed was  executed  by  the  plaintiffs  in  favour  of  said  three persons; and that the document of lease  stated  to  be  in  favour  of  the appellant  did  not  mention  any  rent  at  all.  In  the  face  of   these observations it cannot be said that the dispute in question  was  pure…

APEX COURT DIGEST - Jan.2017 [8]

Sections 148, 302 read with  Section  149  and
201 of the Indian Penal Code,1860 (for short ‘IPC’).- where  the  Trial  Court  and  the  High  Court,  on appreciating the  entire  oral  evidence,  recorded  categorical  concurrent
findings of fact against the appellants (accused) about their complicity  in
commission of crime in question which resulted in killing of mother and  her
unmarried daughter.- HELD THAT - This Court, being the last  Court  of  appeal,  does
not re-visit and re-appreciate the entire  oral  evidence  de  novo  in  its
jurisdiction under Article 136 of the Constitution unless there  are  strong
and prima facie reasons to do so pointing out  therein  any  apparent  legal
and jurisdictional error prejudicing any rights of the accused.;

Sections 148, 302 read with  Section  149  and 201 of the Indian Penal Code,1860 (for short ‘IPC’).- whether  bones recovered were human or animal bones,-In our considered opinion,  the  disclosure  statements  made  by  the accused during t…

APEX COURT DIGEST - Jan.2017 [7]

Motor Accidents Claim - Tribunal conducted trial but return the claim petition to present in proper Tribunal feeling that it has no jurisdiction - The appellants filed review  petition  against  that
order which was also dismissed vide orders dated 10.04.2013.- Challenging this order,  the  appellants  filed  petition  under Article 227 of the Constitution in the High  Court  of  Calcutta  which  has
been dismissed by the High Court on the ground of delays and laches  stating that though MACT had dismissed the review petition of  the  appellants  vide orders dated 10.04.2013, revisional application challenging that  order  was filed only on 03.03.2015 after a delay of almost 2 years. - Apex court held that It is  an  admitted  position  in  law  that  no  limitation  is prescribed for filing application under Article  227  of  the  Constitution - but  supposed to file  the same without unreasonable delay and if there is a delay that should be  duly and satisfactorily explained. - but  t…

APEX COURT DIGEST - Jan.2017 [6]

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that the tenant had sub-let the premises to his son-in-law  in  contravention  of
Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as‘the Act’). - whether  he was doing business along with his father-in-law or independent of him,  i.e.
whether  he  was  doing  business  exclusively  behind  the  façade   of   a partnership or as a genuine partner.  It is an  uncontroverted  fact  before us that the landlord’s permission in writing was  not  obtained  before  the tenant had allowed the alleged sub-tenant to occupy the shop - the Rent Controller clearly found that the son-in-law had been put  in possession of the shop in pursuance of a sham partnership deed and  was  not merely assisting in the shop as a son-in-law.- The High  Court held that the respondent-tenant, Hakim Rai had not sub-let the  premises  to his  son-in-law,  Raj…

APEX COURT DIGEST - Jan.2017 [5]

Election petition -  The  appellant  lost  election  from  Bhattiyat  Assembly  Constituency   of Himachal Pradesh Legislative Assembly held  in  2012  by  a  margin  of  111votes. He filed an election petition mainly on  the  grounds  under  Section 100(1)(d)(iii) of the Act -  Exercise of dual right of franchise by a voter and discrepancy between  the EVM record and the record maintained in Form 17-A at polling station  No.92-Kamla; - Improper reception of 30 postal ballot papers; and Discrepancy regarding 100 postal ballot papers-whether 597 or 697?” - issues framed - “2)   Whether the election petition is liable to be dismissed in limine  for lack of material facts and particulars, as alleged? 3)    Whether the election petition is not  maintainable  for  want  of  any cause of action, as alleged?” - High Court dismissed election petition on  preliminary issues under Or.14, rule 2 of C.P.C. - Apex court held that  High court committed a  grave error by considering the explanations…