Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle finance - Forcible possession - If any service provider wants to engage private agency for recovery of dues, it has to authorize it to only recover it through legal method, say by suit for recovery and not through any other methods - Say by employing threats, harassment, force and causing injuries from whom some..........
Possession -- Open space adjoining house - Used for tethering cattle and preparation of dung cakes - Such activities do not show the legal possession - Possession of open space/plot go with the title of land...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Suit for recovery of possession - Barred by limitation - Suit filed after 36 years of entering into agreement - Agreement of construction entered between appellants and contractor to raise construction in which possession was given to contractor on his own cost - Upon failure to make payment of..........
Transfer of Property Act, 1882, Section 106 -- Civil Court decree of possession - Where there is month to month tenancy and tenancy has been terminated by a legal notice u/s 106 of the Act and tenant is paying rent over Rs.3500/- per month - Civil Court can pass a decree of possession...........
Haryana Urban Development Authority Act, 1977, Section 15, Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978 -- Promissory Estoppel - Land acquired - Land in possession of tenanats, running business - Allotment of alternate site - Representations to HUDA for providing alternative site - Resolution passed by HUDA to allot alternative site at..........
Vehicle finance -- Hire purchase agreement - Hire purchase agreement in the first instance requires that the ownership of the goods shall lie with the owner; and thereafter, letting the goods on hire to the consumer - But when the consumer is himself the owner, in possession of the vehicle there is no question of giving right of possession to him - Lending of money in such..........
Benami Transactions (Prohibition) Act, 1988, Section 1 -- Benami property (Prior to enactment of Act of 1988) - Land in the name of wife - Sold by husband after her death - Suit for possession by one of the legal heirs of deceased wife - Ownership of wife claimed - Husband asserted that wife benami owner - Wife had no independant source of income - Land purchased by..........
Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 5A -- Writ of mandamus for directions to forebear from taking possession of land acquired ` Objections u/s 5A not filed - Reference u/s 18 filed - Owner died during pendency of reference - Part of compensation taken by owner ` Enhanced amount of compensation taken by the Legal..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Suit for declaration that land in question joint Hindu Corparcenary property - Earliar suit filled challenging the sale deed executed by father and for declaration to the effect that land is a joint Hindu Corparcenary property - Suit withdrawn -Subsequent suit challenging Will by father and declaration that land is joint..........
Rent and Eviction -- Sub-letting - Premises let out to partnership firm - Partnership firm dissolved and one of the partners given all the assets of the firm and he formed another firm with himself as one of the partners - Legal possession of premises retained by a partner of new firm who was one of the original tenants - Not a case of sub-letting...........
