Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Against sale of life interest in property - Testator created life interest for his wife and then for his daughters and ultimately the property would vest in his grand children i.e. between plaintiff and defendant - Plaintiff alleged that defendant were trying to sell their undivided life interest to..........
Street -- Proof - Plaintiff relying upon sale deed in his favour - Defendant not a party to said sale deed - Description of surrounding properties as given in the sale deed will not bind the defendant - Non party to the sale deed is not bound by the contents thereof - Plaintiff not produced any other evidence to prove existence of street - Municipal record not produced -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non party of sale deed is not bound by contents of said instrument...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 11 -- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Crime in question involving high ranking officials of State as well as Central Government - For instilling confidence in the minds of victims as well as public at large, High Court predicated that it was but necessary to entrust..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Accused named in FIR, has no right to be heard at the stage of investigation or to have an opportunity of hearing as a matter of course - Mere fact that accused was not impleaded as a party in writ petition or for that matter was..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - High Court transferred investigation to CBI after due consideration of all relevant aspects - Transfer of investigation to CBI does not depend on inadequacy of inquiry/investigation carried out by State police - Since nature of..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - Registering authority, or any authority invoking administrative power, has no power to cancel the sale deed once registered even if allegation of impersonation/fraud is alleged...........
Agreement to sell -- Specific performance - Readiness and willingness - Agreement between parties proved on record - Plaintiff present at Sub-Registrar's office for execution of sale deed, but defendant did not turn up - Defendants filed caveat petitions and executed a sale deed in favour of subsequent purchaser - Plaintiff thus, established that he made all efforts to..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Determination of compensation - Reference Court as well as High Court not considered sale deeds produced on behalf of State for determining compensation - Lands in all the sale deeds are in close proximity and adjoining to land acquired - No reason assigned by High Court as to why sale statistics not referred -..........
