Haryana Urban Development Authority Act, 1977, Section 17(6), 17(5) -- No jurisdiction with Appellate Authority to order imposition of compensation on appellant - Appeal filed challenging resumption order - Appellate Authority well within its rights to accept the appeal and set aside resumption order or reject the appeal and maintain resumption order - In either of the..........
Transfer of Property Act, 1882, Section 113 -- Notice to quit - Waiver - Mere act of lessor showing an intention to treat the lease as subsisting is not sufficient to constitute waiver - That action must have the express or implied consent of the lessee whose consent to the act must exist - For such an inference there must be a clearest indication that the recipient of the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Injunction against dispossession from stall - Said stall was granted on lease by Cantonment Board - Lease only in permissive possession - Not vested right - Cannot seek ad interim injunction against Cantonment Board as there was no privity of contract between him and Cantonment Board...........
Stamp Act, 1899, Section 3 -- Lease deed - Change in name of company - Supplementary lease deed executed with the same terms and conditions as existed earlier - Stamp duty afresh is leviable...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - If any interest on immovable property entitling the transferee for enjoyment is created, the same is lease and not a licence - If permission to use the land without exclusive possession alone is granted, the same amounts to licence...........
Lease or licence -- To determine whether a document is licence or lease (1) the substance of the document must be preferred to the form; (2) Real test is the intention of the parties whether they intended to create a lease or a licence; (3) If the document creates an interest in the property, it is a lease, but if it only permits another to make use of the property, of..........
Land Acquisition Act, 1894, Section 6(1) -- r/w Explanation 2 - Land acquisition - Public purpose - Amount paid by Company towards advance lease premium credited in the account of Nigam, a State owned corporation - Such fund when utilised for the purpose of payment of compensation, wholly or in part, satisfies the requirements of second proviso to Section 6(1) r/w..........
Constitution of India, 1950, Article 299 -- Lease of land - Contract between private individual and Government - Expiry of lease - Suit for possession on expiry of lease period of 50 years - Plea that defendant appellant became statutory tenants and appropriate proceedings under the East Punjab Urban Rent Restriction Act,1949 are required and not suit for possession..........
Dohlidar -- Cannot alienate property by way of sale, mortgage or a permanent lease nor such a lease confer any right on lessee...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction in favour of defendant in a suit filed by plaintiff - Order of status quo on application by defendant in counter - claim filed alongwith written statement - Lease period had come to end - No claim could be made after expiry of lease period - Loss suffered by defendant can be claimed in action for..........
