Transfer of Property Act, 1882, Section 54 -- Sale or allotment - Nature of transaction - Alienation of land by Government on three conditions i.e land should be utilized only for purpose for which it is allotted, construction work should be completed within 2 years from the date of handing over possession of land and trees should be planted in open place and in case of..........
Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Registration Act, 1908, Section 71 -- Refusal to register document - Sub-registrar cannot orally refuse to receive sale deed for registration - He is bound to receive the same as per law, but he can refuse to register the same if same is not legally permissible for registration...........
Partition suit -- Co-sharers - Defendant and plaintiff are real brother and sister and property was purchased in joint names of parties - Execution of sale deeds in joint name itself has been admitted by defendant - Defendant was in actual possession of suit property - However, merely because plaintiff was residing separately does not mean that she has no right over suit..........
Partition suit -- Co-sharers - Execution of sale deeds in joint name of both plaintiff and defendant itself has been admitted by defendant - However, defendant has taken two contradictory pleas i.e. one that he is in exclusive owner in possession of suit property and the other, that he has become owner of suit property on basis of adverse possession - Plea of adverse..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim maintenance - Husband alleged that lower court not considered profits from mutual funds/sale of shares etc. of wife - However, lower court noted that accounts were opened in name of wife but operated by husband and his father also registered mobile number and email ID linked to these accounts..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized funds - Main accused is absconding and role of respondent No.2 can only be ascertained once main accused is arrested - Release of sale value of concerned shares in favour of respondent No.2 may cause an irreparable loss to appellant and vitiate the entire investigation - Moreover, when investigation is..........
Registration Act, 1908, Section 49 -- Proviso - Un-registered agreement to sell - Suit for specific performance - Photocopy of unregistered agreement to sell is filed along with plaint - Document sought to be brought on record is intended only to be used as a proof of oral agreement of sale and it is permitted u/s 49 of the Act...........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Once a sale deed is adjudged to be void or voidable or is cancelled by civil Court, no further reliefs would be required to be claimed and necessary consequences from such adjudication/cancellation would ensue...........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Without claiming relief of possession - Non-suiting plaintiff on the ground that relief of possession was not claimed, though it was neither factual nor a legal necessity, would be wholly unjust and unfair to a plaintiff who succeeded to establish title in his favour arising out of cancellation..........
