[SC] Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 23(1) – Cancellation of Deed – Legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. [209 PLR 107]

Specific Relief Act, S. 31 – Unilaterally a person cannot execute what is styled as a deed of cancellation. [PLRonline]

Registered document – Once such an instrument is registered, the said registration has the effect of informing and giving notice to the World at large that such a document has been executed. Registration of a document is a notice to all the subsequent purchasers or encumbrances of the same property. [PLRonline]

[SC] CPC S. 100 – High Court cannot substitute its own opinion for that of the first appellate Court, unless it finds that the conclusions drawn by the lower Court were erroneous being contrary to the mandatory provisions of the applicable law or contrary to the law as pronounced by the Supreme Court or based on inadmissible evidence or no evidence. [PLRonline]

[SC] Sale Deed – Cancellation – Only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered and that too after notice to the parties concerned. [PLRonline]

CPC O. 7 R. 10(2) – Incumbent on the judge passing the order under clause (1) of the same provisions to endorse on the plaint the date of the presentation, return of the plaint, the name of the party presenting it and the reasons for returning it. [PLRonline]

NIA S. 138 – Compounding – Though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter – On facts – Quashed.

Trust, the Courtroom can still be a wild enough place without summoning spirits from beyond the grave.

[SC] Tender – Letter of Intent – Is merely an expression of intention to enter into a contract – It does not create any right in favour of the party to whom it is issued. [PLRonline]

[SC] NIA S. 138 – Loan availed at P – In order to harass the petitioner, the cheque was presented in the banks Branch at C – Proceedings can not continue at C. [213 PLR 612]

Shamilat deh (common land) in the State of Punjab, including State of Haryana – Even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought. [PLRonline]

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Contract Labour (Regulation and Abolition) Act, 1970

Act is a complete Code in itself – If anyone has a grievance regarding violation thereof, the remedy has been provided in the Act itself

Labour (Regulation and Abolition) Act, 1970 (30 of 1970) – Petitioner claim to have worked under various Labour Contractors – Labourer working as labourers at the godown belonging to Food Corporation of India, located at Rail Head Depot – Now the petitioners are not being permitted to work – They claim that a direction be issued to the respondents not to replace the petitioners with other similar set of workers – There is no relationship of employer and employee between the petitioners and the Food Corporation of India – Act is a complete Code in itself – If anyone has a grievance regarding violation thereof, the remedy has been provided in the Act itself. (2021-1)201 PLR 019

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