East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i), Transfer of Property Act, 1882, Section 53A -- Agreement to sell with tenant - Agreement spells out that parties never contemplated putting an end to the jural relationship - A mere agreement of sale between landlord and tenant does not put an end to existing jural relationship of landlord and tenant - A..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Agreement to sell with tenant - Tenancy of first floor only - On execution of agreement to sell rent was reduced to Rs.75/- and in case of default it was to be Rs.150/- - Sale deed not executed - Rent of Rs.150/- was not for the first floor alone but was for the entire building - Dismissal of eviction..........
Indian Penal Code, 1860, Section 420, 340, 195 -- Sale of property inspite of attachment order passed by Civil Court - Complaint u/s 420 IPC - Complaint ordered to be treated as an application u/s 340 Cr.P.C. which shall be placed before the Court, which ordered attachment - Court shall hold an inquiry as envisaged u/s 340 Cr.P.C. and if comes to the conclusion that an..........
Essential Commodities Act, 1955, Section 7 -- Wheat issued by department for distribution to ration card holders taken in tractor trolley for sale in the open market - Plea that wheat belongs to appellants - Plea rejected - Wheat found in bags which were bearing the seal of the department - On inspection of depot neither any stock of wheat nor any record found - Accused..........
Document -- Nature of - Document whether sale or a deed of assignment - Nomenclature to the document is not the determining factor in deciding whether a particular deed or document was a lease or a deed of assignment - Whether a particular document is a lease or a deed of assignment, one has to look at the substance of the deed of assignment to the document and not the..........
Transfer of Property Act, 1882, Section 54, 23 -- Market value - Sale consideration - Question as to whether it is on the date when agreement was executed or on the date when deed is executed - There is no straight jacket formula - Depends upon various factors - Where delay is caused intentionally to execute deed after execution of agreement, market value is to be..........
Stamp Act, 1899, Article 23, 63, Transfer of Property Act, 1882, Section 54, 105 -- Lease - Assignment of lease hold rights - It is merely an enjoyment of land and not transfer of ownership - Document is a transfer of assignment of lease and not an outright sale of land - Stamp duty not to be calculated on the market value but on the amount of consideration mentioned in..........
Land Acquisition Act, 1894, Section 4, 6, 11, 18 -- Land acquisition - Compensation - Comparable sales - Speculation is reduced to minimum if the underlying principles of fixation of market value with reference to comparable sales are made: (i) when sale is within a reasonable time of the date of notification under Section 4(1); (ii) it should be a bona fide transaction;..........
Agreement to sell -- Specific performance - Part of contract - Sale by joint owner to extent of his share - Vendee would be entitled to get partition by stepping into shoes of his vendor - Decree of specific performance cannot be denied to purchaser. (Specific Relief Act, 1963, S.12)...........
Civil Procedure Code, 1908, Section 60(i)(ccc) -- Execution - Only residential house - Exemption from attachment - Objection as to - To be decided at the first instance before proceeding with the sale of property - Proceedings without deciding the objections are non-est in the eyes of law and deserve to be set aside...........
