Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 47 -- Lis pendens - Execution - Alienation made during pendency of a litigation is hit by the principles of lis pendens and the alienee acquires no title - Even otherwise subsequent purchaser if purchased any part of the property can file a petition u/s 144 CPC after the decree holder recovers..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Civil Judge fixed compensation as Rs.4.35 lakhs per acre after considering the fact that acquired land has potential to develop into housing sites, relying upon exemplar sale deed and after deducting one third as development cost - High Court enhanced deduction to half of the market..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Electricity supply - Tubewell connection - Application submitted in 1987 - Submitted test report in 1989 and completed all the formalities - Sale circular No. 77/2001 issued on 2.9.2001 and complainant asked to deposit a sum of Rs. 20,000/ - with an additional amount of Rs. 7000/ - per span which is non - refundable - Held..........
Housing -- Flat allotment - Cancellation of - The complainant failed to execute the lease - cum - sale agreement and also defaulted in making the payment towards the cost of the house - The complainant adopted dilatory course - Cancellation of the allotment of flat upheld - The State Commission allowed the refund of the amount deposited by the complainant with OPs with 12%..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - 7 flats booked by complainant and her family - Respondent - complainant failed to indicate any acceptable or logical reason to confirm that these flats were actually needed by the family for the living of its members and not for sale - The complainant held not a consumer as defined in Section..........
Civil Procedure Code, 1908, Section 64(2), Order 38, Rule 10 -- A prior agreement to sell prevails over an attachment made in execution of a decree based upon a subsequent contract - An agreement for sale creates an obligation attached to the ownership of the property and an attachment made in execution of a decree is not free from the obligations incurred under a prior..........
Punjab Agricultural Produce Markets Act, 1961, Section 6(3) -- Dealing in certified seeds - Not a business of sale and purchase of specified agricultural produce - No requirement to obtain a licence under the Act...........
Co-sharers -- Sale of specific portion of undivided property - It is sale of share of vendor subject to partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Joint property - Sale of specific portion of undivided property - It is sale of share of vendor subject to partition - Vendor is entitled to hold possession of such specific portion till partition of property - To claim possession of specific portion it has to be proved that vendor was in possession of that..........
Punjab Co-operative Societies Act, 1961, Section 82(3) -- Recovery of loan - Sale of mortgage property - Sale cancelled by Recovery Officer - Civil Suit against cancellation of sale - Held, jurisdiction of civil court is barred to entertain such suit - Once Recovery Officer has jurisdiction to cancel the sale, bar of jurisdiction of civil court as laid u/s 82(3) of the Act..........
