Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Deficiency in service - Compensation - Where there is gross delay in handing over possession by builder beyond contractually stipulated period, flat purchaser is entitled to just and reasonable compensation for such delay - However, such compensation not constrained by..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Objection by transferee pendente lite - Purchaser of property which was subject matter of suit, cannot resist execution of decree, if purchase was during pendency of litigation, as O.21.R.102 CPC bars such objections...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Electricity dues where they are statutory in character under Electricity Act as per terms and conditions of supply cannot be waived in view of S.56 of Electricity Act and cannot partake character of dues of purely contractual nature...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Property sold on `as is where is, whatever there is and without recourse basis' - Where in E-auction sale notice, existence of electricity dues whether quantified or not has been specifically mentioned as liability of purchaser and sale is on `as is where is, whatever there is and without..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in already in custody - He could not approach Courts of Sessions on account of lock down consequent to COVID-19 scare - High Court has power and jurisdiction to entertain bail application directly without compelling accused to first approach Court of Sessions, as per directions of Supreme Court - Applicant is..........
Agreement to sell -- Agreement does not reveal any obligation cast upon purchaser under it - No right has been conferred upon vendor to get it enforced against vendee - It does not reflect intention of respondent No.2 to enter into a legally binding contract and parties are not at consensus ad idem - Sale agreement cannot be held to be legally enforceable contract - At..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objections by subsequent purchaser - Subsequent purchaser may not be entitled to raise a plea challenging correctness of agreement of sale of which specific performance has been sought as petitioner being subsequent purchaser after passing of decree possibly cannot raise any such plea -..........
Civil Procedure Code, 1908, Section 66(1) -- Repealed by Benami Transactions (Prohibition) Act, 1988 - Auction sale - Challenge as to - Suit property was put on auction sale because of a mortgage created by original owner who was heavily indebted - There was no challenge to Court auction sale by original owner in his life time - Trial Court held that auction sale is valid..........
