Sunday, December 18, Registration Act, s. The question which arose for consideration in the present appeal was whether the courts below erred in holding that an unregistered sale deed was not admissible in evidence in a suit for specific performance of the contract.
The main provision in Section 49 provides that any document which is required to be registered, if not registered, shall not affect any immovable property comprised therein nor such document shall be received as evidence of any transaction affecting such property.
Proviso, however, would show that an unregistered document affecting immovable property and required by Act or the Transfer of Property Act, to be registered may be received as an evidence to the contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument.
By virtue of proviso, therefore, an unregistered sale deed of an immovable property of the value of Rs. Such an unregistered sale deed can also be admitted in evidence as an evidence of any collateral transaction not required to be effected by registered document.
When an unregistered sale deed is tendered in evidence, not as evidence of a completed sale, but as proof of an oral agreement of sale, the deed can be received in evidence making an endorsement that it is received only as evidence of an oral agreement of sale under the proviso to Section 49 of Act. By admission of an unregistered sale deed in evidence in a suit for specific performance as evidence of contract, none of the provisions of Act is affected; rather court acts in consonance with proviso appended to Section 49 of Act.
Saha and Sons Private Limited v. Kalavakurti Venkata Subbaiah v. PD No.
Vishwanathan, B. Rajunath, Vijay Kumar for the Appellant. Venkatramana, G. Mani, R. Satish for the Respondents. Leave granted. The short question is one of admissibility of an unregistered sale deed in a suit for specific performance of the contract. The appellant and the respondents are plaintiff and defendant nos. She also prayed for grant of permanent injunction restraining the defendants from disturbing with her peaceful possession and enjoyment of the suit property. According to the plaintiff, 1st defendant for himself, as the guardian father of 3rd defendant and 2nd defendant jointly entered into an oral agreement with her on It was agreed that the sale deed, in pursuance of the oral agreement for sale, would be executed and registered on the same day.
The plaintiff purchased the stamp papers; paid the entire sale consideration to the defendants; the defendants put the plaintiff in possession of the suit property and also executed a sale deed in her favour. On The Sub-Registrar, however, informed that in view of an order of attachment of the suit property the sale deed could not be registered. The sale deed, thus, could not be registered. The defendant nos. The plaintiff averred that she called upon the defendants to get the sale deed registered, but the defendants avoided the same by putting forth the reason that attachment in respect of the suit property was subsisting.
The 1st defendant filed written statement and traversed plaintiff's case. He denied having entered into an oral agreement for sale with the plaintiff for himself and as a guardian father of 3rd defendant and the 2nd defendant jointly on He also denied having delivered physical possession of the suit property to the plaintiff. Upon plaintiff's insistence that 1st defendant should execute an agreement for sale in her favour, he and the 2nd defendant signed the document believing that to be agreement for sale on However, when the Sub-Registrar asked the 1st defendant whether the consideration has been received and sale deed could be registered, he and the 2nd defendant learnt that plaintiff had fraudulently obtained the signatures on sale deed by falsely stating that it was only an agreement for sale and hence they went away refusing to agree for the registration of the said document.
On the basis of the pleadings of the parties, the issues were struck. It appears that on The counsel for the defendants objected to the said document being admitted in evidence being an unregistered sale deed. The trial court by its order dated When fixing the back wages several factors need to be noted. It is a well settled position in law that on the finding that termination was not lawful there is no automatic entitlement to full back wages.
In Hindustan Tin Works Pvt. All relevant considerations will enter the verdict. More or less, it would be a motion addressed to the discretion of the Tribunal. Full back wages would be the normal rule and the party objecting to it must establish the circumstances necessitating departure. At that stage the Tribunal will exercise its discretion keeping in view all the relevant circumstances. But the discretion must be exercised in a judicial and judicious manner. The reason for exercising discretion must be cogent and convincing and must appear on the face of the record.
When it is said that something is to be done within the discretion of the authority, that something is to be done according to the rules of reason and justice, according to law and not humour. It is not to be arbitrary, vague and fanciful but legal and regular See Susannah Sharp v. Wakefield,  AC". The finding of perversity or being erroneous or not in accordance with law shall have to be recorded with reasons in order to assail the finding of the Tribunal or the Labour Court.
It is not for the High Court to go into the factual aspects of the matter and there is an existing limitation on the High Court to that affect. Tapan Kumar Bhattacharya and Anr. Downloading judgment please wait Sharing your judgment please wait Anyone with the link can view. You need to renew your subscription for the premium features to use this feature. Open iDraf. Back to Results. Divisional Controller, G. Kadarbhai J. Arijit pasayat, J. Challenge in this appeal is to the judgment rendered by a Division Bench of the Gujarat High Court partly allowing the Letters Patent Appeal filed by the present appellant.
Background facts in a nutshell are as follows: The respondent hereinafter referred to the 'workman' was employed with the appellant-Gujarat State Road Transport Corporation hereinafter referred to as the 'Corporation' as a driver. While driving a corporation vehicle respondent caused an accident as a result of which a child aged about 8 years died. Criminal proceedings were initiated against the workman but he was acquitted.
A claim petition claiming compensation was filed under the Motor Vehicles Act, in short 'M.This solicitation has been archived and replaced by NSF Letter of Intent Due Date s required due by 5 p.
Among the changes are the following:. Communities in the United States US and around the world are entering a new era of transformation in which residents and their surrounding environments are increasingly connected through rapidly-changing intelligent technologies. This transformation offers great promise for improved wellbeing and prosperity but poses significant challenges at the complex intersection of technology and society.Fanale anteriore panda
For the purposes of this solicitation, communities are defined as having geographically-delineated boundaries—such as towns, cities, counties, neighborhoods, community districts, rural areas, and tribal regions—consisting of various populations, with the structure and ability to engage in meaningful ways with proposed research activities.
Importantly, the program is interested in projects that consider the sustainability of the research outcomes beyond the life of the project, including the scalability and transferability of the proposed solutions.
Please note that the following information is current at the time of publishing. See program website for any updates to the points of contact.
The number of awards is dependent upon the proposals received and the degree to which proposals meet the solicitation goals, NSF merit review criteria, and solicitation-specific review criteria. An individual may appear as PI, co-PI, Senior Personnel, or Consultant on no more than two proposals submitted in response to this solicitation.
In the event that an individual exceeds this limit, proposals received within the limit will be accepted based on earliest date and time of proposal submission i. This limitation includes proposals submitted by a lead organization and any subawards included as part of a collaborative proposal involving multiple institutions.
No exceptions will be made. Letters of Intent: Submission of Letters of Intent is required. Please see the full text of this solicitation for further information. National Science Board approved criteria. Additional merit review considerations apply. Communities in the US and around the world are entering a new era of transformation in which residents and their surrounding environments are increasingly connected through rapidly-changing intelligent technologies. Concurrently, communities are unique and constantly evolving.
Shifts in population size, demographics, economic opportunity, technology, built and natural environments, and available services all impact overall community culture, needs, and opportunities.How much is rubles
A fundamental understanding of the complex, dynamic interactions between technology and society is essential for unlocking the potential benefits of smart and connected communities. The goal of this solicitation is to accelerate the creation of the scientific and engineering foundations that will enable smart and connected communities to bring about new levels of economic opportunity and growth, safety and security, health and wellness, and overall quality of life.
NSF has long been a leader in supporting research and education activities and growing the partnerships that form the foundation for 21 st -century smart and connected communities.
For the purposes of this solicitation, communities are defined as having geographically-delineated boundaries—such as towns, cities, counties, neighborhoods, community districts, rural areas, and tribal regions—consisting of various populations, with the structure and ability to engage in meaningful ways with the proposed research activities. The specific objectives of this solicitation are to: 1 enhance scientific and engineering knowledge that integrates technological and social science dimensions through modeling, analysis, design, and in-situ experimentation in ways that improve the quality of life within communities; 2 foster the development of a multidisciplinary and diverse research community that encompasses and integrates the perspectives of scientific areas supported by, but not limited to, participating NSF directorates; 3 integrate community stakeholders into smart and connected community projects in order to co-create and pilot solutions that are directly informed by the needs, challenges, and opportunities of present and future communities; and 4 conduct robust evaluation of project outcomes.Save my name, email, and website in this browser for the next time I comment.
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Padam Narain Aggarwal Etc. Jonathan Nitin Brandy Vs. Sureshchandra Ramanlal Vs. Som Mittal Vs.The present civil appeals arise out of an order passed by the High Court of Jharkhand at Ranchi on April 18,whereby the intra court appeals filed by the respondent Mohammad Badruddin were allowed and the orders of punishment were set aside.
The respondent was granted all consequential benefits including back wages. The High Court has dealt with two appeals arising out of two separate writ petitions imposing separate punishments.
Such order became the subject matter of challenge in C. The writ petition was dismissed but the letters patent appeal was allowed. The Division Bench set aside the order of punishment on the ground that copy of the Inquiry Report was not supplied to the delinquent before the Disciplinary Authority passed an order of punishment, but was supplied along with the order of punishment, therefore, there is complete violation of cardinal principle of natural justice.
The Disciplinary Authority has passed an order of punishment on August 12, i. Ramzan Khan3 laid down that wherever Inquiry Officer has furnished a report to the Disciplinary Authority at the conclusion of the inquiry holding the delinquent guilty of all or any of the charges with proposal for any particular punishment or not, the delinquent is entitled to a copy of such report and will also be entitled to make a representation against it.
A non-furnishing of the report would amount to violation of rules of natural justice and make the final order liable to challenge hereafter.
However, the said judgment itself has given prospective effect i. The judgment in Mohd. Ramzan case was approved by the Constitution Bench in B. Karunakar, wherein it was held as under: " However, it cannot be gainsaid that while Mohd. The relief granted was obviously per incuriam. The said relief has, therefore, to be confined only to the employees concerned in those appeals.
The law which is expressly made prospective in operation there, cannot be applied retrospectively on account of the said error. It is now well settled that the courts can make the law laid down by them prospective in operation to prevent unsettlement of the settled positions, to prevent administrative chaos and to meet the ends of justice.
In this connection, we may refer to some well-known decisions on the point.Iterm2 themes mac
Since the order of punishment was passed by the Disciplinary Authority prior to November 20,therefore, the same could not be set aside only for the reason that the copy of the Inquiry Report was not supplied to the delinquent. The challenge in the writ petition is to an order dated November 4, by which the respondent was inflicted penalty of removal from service. The Division Bench set aside the order of removal on the ground of violation of principle of natural justice as the reasons of disagreement in respect of charge Nos.Spotsylvania Planning Commission 5 2 18 Copy
The memo of charge was served upon the respondent delinquent on June 13, in respect of the following five charges:. On Know more. Shekhar Agarwal, Member A The applicants, 19 in number and who are working as Inspectors of Central Excise and Customs, as on the date of filing of the OA, in the 3rd Respondent-Delhi Zone, filed the same, seeking the following relief s :. RR dated They have also sought for the following interim relief: Pending final adjudication of the OA, it is humbly prayed that this Honble Tribunal may be pleased to direct the respondents to consider the applicants name for promotion in the DPCs which are being held during 22nd September, to 29th September, for promotion post of Superintendent, Central Excise.
This Tribunal, on In our considered view, if the aforesaid interim order is not granted, it will frustrate the applicants case. However, at the same time, we do not intend to disturb the alleged eligibility list till this matter is finally decided. We, therefore, direct the respondents to consider the applicants in this OA as a separate block and the DPCs may make appropriate recommendations in their cases for promotion to the aforesaid post. However, the entire recommendations of the DPCs shall be kept in sealed cover and it shall not be given effect to without the leave of this Court.
In other words, no appointments shall be made on the basis of the recommendations of the DPCs. The OA was initially filed against the official respondents only. Later the private respondents had been impleaded in the OA, by way of various miscellaneous applications.
In MA No. This Tribunal, by order dated When this OA is finally taken up for hearing, it is informed that all the applicants were also promoted as Superintendents of Central Excise, on completion of the required 8 years service as Inspectors of Central Excise, as per rules. Heard Shri M. Bhardwaj, the learned counsel for the applicants and Shri R.
Singh, learned counsel for the official respondents 1 to 3, Shri R. Sinha, learned counsel for private respondents 4 to 17, Shri Sourabh Ahuja, learned counsel for respondents 18 to 20 and 22 and Shri Krishan Kumar, learned counsel for respondents 23 to 25 and Shri Mritunjay Kumar, learned counsel for Respondents 26 to 28, and perused the pleadings on record. The facts, as on the date of filing of the OA, as submitted by the applicants are that, all of them were appointed as Inspectors of Central Excise and Customs, pursuant to CGLE and joined as such during the period from November, to February, As per the notified draft seniority list of Inspectors as on Supreme Court Judgments of Legal Importance.
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