Rescission in Contract | Specific Relief Act

Law of Equity

INTRODUCTION Rescission means cancellation of the contract by mutual consent. The basic purpose and intent of the Equity Court is to grant maximum relief to the sufferer. When any contract is made through fraud, undue influence, coercion, mistake, or misrepresentation, it is voidable. All these contracts are rescindable. The Court may grant the relief of … Read more

Record of Rights | Land Revenue Act

Special & Local Laws

INTRODUCTION The record of rights is a collection of various revenue papers regarding an estate. Records of rights provide various information about a particular land. The assessment of land revenue payable, and disputes regarding land are determined in the light of determination Inland matters, the presumption of truth attached to the entries in the record … Read more

Cancellation of Instrument | Specific Relief Act

Law of Equity

INTRODUCTION Cancellation means to cancel any instrument. The relief granted by the Court is discretionary and just in nature in the cases of cancellation of the instrument. The documents create the right upon certain movable and immovable property. The instruments and deeds which are void or voidable may be cancelled by the Court upon filling … Read more

Registration is Compulsory | Registration Act

Transfer of Property

INTRODUCTION Registration Act deals with the registration or non-registration of documents. All sorts of documents are not compulsorily registered in the Registration Act. The documents that are required under the Registration Act to be registered if they are not so registered, lose evidentiary value, and shall not be admitted in evidence.   RELEVANT PROVISIONS Section … Read more

Equitable Remedies | Specific Relief Act

Law of Equity

INTRODUCTION Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These … Read more

Question As To Title | Land Revenue Act

Special & Local Laws

INTRODUCTION Revenue Officers have immense authority in respect of revenue matters, there is, however, a restriction imposed upon them by law that they cannot adjudicate upon matters where a “question of title” is involved.   RELEVANT PROVISIONS Section 140 of the Land Revenue Act necessitates the ascertainment of the question as to title by the … Read more

Registration is Optional | Registration Act

Transfer of Property

INTRODUCTION All sorts of documents are not compulsorily registrable under the Registration Act. There are documents on which registration is at the option of the party. The non-registration of such documents does not affect the validity or admissibility of the evidence.   RELEVANT PROVISIONS Section 18 the Registration Act 1908 deals with the optional registerable … Read more

Effect of Non-Registration | Registration Act

Transfer of Property

INTRODUCTION Under the Registration Act, there are documents that require compulsory registration. If such documents are not registered there will be no evidentiary value.   RELEVANT PROVISIONS Section 49 Registration Act 1908 deals with the effects of the non-registration of documents.   PURPOSES OF REGISTRATION The following are the purposes for registration of the document … Read more

Registering Officer | Duties and Powers

Transfer of Property

INTRODUCTION The registering officer has certain duties regarding the registration of the documents. When a document is presented for registration to the registering officer, he endorses every document presented before him, the date, place of registration, and signature of the person presenting such document, and gives a receipt for such document to the person presenting … Read more

Review How Made | Land Revenue Act

Special & Local Laws

INTRODUCTION Under Land Revenue Act 1967, the review is not an alternative for appeal. The Revenue authorities are empowered to review their orders. The review is a re-consideration of the sanctity of the order passed by the revenue authorities.   RELEVANT PROVISIONS Section 163 Land Revenue Act 1967.   MEANING OF REVIEW The term review … Read more

Remedy against the Order of Registrar

Transfer of Property

INTRODUCTION A remedy can be availed by the person when the concerned officer refuses to do so. Sub-registrar can refuse to register a document on account of various grounds. Under the Registration Act. He can also refuse to register a document without assigning any reason. A person whose registration has been refused can avail himself … Read more

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