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Kewal Krishan v. Rajesh Kumar

Transfer of Property Act, 1882 – Section 54 – a sale of an immovable property has to be for a price. The price may be payable in future. It may be partly paid and the remaining part can be made payable in future. The payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect. Therefore, such a sale will be void. It will not effect the transfer of the immovable property.

Meena Pawaia v. Ashraf Ali

Motor Accident Claims – Merely because in the execution proceedings the claimants might have accepted the amount as awarded by the Court, may be as full and final settlement, it shall not take away the right of the claimants to claim just compensation and shall not preclude them from claiming the enhanced amount of compensation which they as such are held to be entitled to. 

Bhupesh Rathod v. Dayashankar Prasad Chaurasia

Cheque Complaint – No Magistrate could insist that the particular person whose statement was taken on oath alone can continue to represent the Company till the end of the proceedings. Not only that, even if there was initially no authority the Company can at any stage rectify that defect by sending a competent person. 2021 (6) KHC 368

Sripati Singh v. State of Jharkhand

Negotiable Instruments Act, 1881 – there cannot be a hard and fast rule that a cheque which is issued as security can never be presented by the drawee of the cheque. JT 2021 (10) SC 463 : 2021 (6) KHC 207

Union of India v. A. Shainamol, IAS

Indian Administrative Service (Cadre) Rules, 1954 – the allocation of cadre is not a matter of right. A selected candidate has a right to be considered for appointment to the IAS but he has no such right to be allocated to a cadre of his choice or to his home state. Allotment of cadre is an incidence of service. The applicant as a candidate for the All-India Service with eyes wide open has opted to serve anywhere in the country.

Prem Shankar Prasad v. State of Bihar

Penal Code, 1860 – the observations made by the High Court while granting the anticipatory bail to accused that the nature of accusation is arising out of a business transaction and therefore the accused is entitled to the anticipatory bail is concerned, the same cannot be accepted. JT 2021 (10) SC 410 : 2021 (12) SCALE 413

Kavitha Lankesh v. State of Karnataka

Control of Organised Crimes Act, 2000 (Karnataka) – Ss 3 and 24 (1)(a) – Cognizance of and investigation into an offence – At the stage of granting prior approval under Section 24(1)(a) of the 2000 Act, the competent authority is not required to wade through the material placed by the Investigating Agency before him along with the proposal for grant of prior approval to ascertain the specific role of each accused.