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Civil – Specific performance – Validity of – Stamp paper – Opinion of experts – Section 54 of the Indian Stamp Act, 1899 – Indian Stamp Rules, 1925 – Section 45 of the Indian Evidence Act, 1872 – Plaintiff-Appellant alleged that the First Defendant agreed to sell suit property by an agreement and received some amount as advance – Plaintiff issued a notice to execute the sale deed and receive the balance amount – Defendant denied the agreement and executed the sale deed in favour of Second Defendant – Plaintiff filed a suit for specific performance – Defendant contended that the sale agreement put forth by the Plaintiff was forged and concocted – Trial Court dismissed the suit on the ground that the sale put forth by Plaintiff was false –
It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. obligations of public authorities [S.4 (1)], designation of Public Information Officers and Assistant Public Information Officers[S.5( 1) and 5(2)], constitution of Central Information Commission (S.12 and 13), constitution of State Information Commission (S.15 and 16), non-applicability of the Act to Intelligence and Security Organizations (S.24) and power to make rules to carry out the provisions of the Act (S.27 and 28).
A mere allegation of corruption not backed by credible evidence would not be sufficient to direct the country’s intelligence organisations to reveal information under the RTI Act, the Central Information Commission (CIC) has held.
JUST a week ago, we carried a story and case where a Single Bench of the Delhi High Court had taken serious note of the lackadaisical approach of the Department in releasing the information. The High Court had directed the department to furnish the information within two weeks.
The Central Information Commission (CIC) has held that citizens cannot question government policies and plans by utilising the Right to Information Act. The Commission noted this while dismissing an application filed by a Mumbai resident Amin Merchant who had sought information from Finance Ministry as to why certain tariff policy was framed by the Centre.
There is good news in store for SEZ units. The government is likely to put on hold its plan of placing an export obligation on units operating in SEZs. The commerce department has suggested to the finance ministry that the government should consider imposing an export obligation only if exports from such zones fall below a threshold limit in the coming years. While the government was deliberating making it compulsory for all SEZs to export 51% of what they produce, the present average export figures of SEZs is much higher at 82%.
Has your income-tax return been picked up for scrutiny by the income-tax department? You may not get to know the reason. The department is against bringing scrutiny under the purview of the Right To Information (RTI) Act. This means an assessee will not have the right under the RTI Act to ascertain as why his case was selected for scrutiny by the department.
The Hon’ble Court held that the fact that parties were in discussions on the issue of payment for the extra work items undertaken by the Appellant and the exact work to be executed where-after the Respondent submitted its final bill followed by the No-Claim Certificate would be “clear cut evidence” to show that there was an accord on all disputes between the parties which was arrived at after protracted correspondence and claims in respect of the disputes settled in the accord could not have been raised and the accord reopened.
The Applicant, an informer of the department, filed a RTI application seeking inspection & copies of all records available with the income tax department including assessment orders of Escorts Ltd, Dr. Naresh Trehan and connected parties. The application was rejected by the PIO on the ground that there was no overriding public interest in disclosing the information relating to third parties and the disclosure would lead to an invasion of privacy of the assessees. On appeal by the applicant, HELD allowing the appeal:
Units undertaking to export their entire production of goods and services except to the extent of permissible sales in the DTA. Second hand capital goods, without any age limit, may also be imported duty free.
