Wakf Act, 1954, Section 5(2) -- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of Wakf relating to suit property by dedication..........
U P Consolidation of Holdings Act, 1953, Section 9A(2) -- Once a notification of initiation of proceedings under the Consolidation Act is issued, all matters pending before the Civil Court stand abated - Statutory authorities under the Consolidation Act enjoy the powers of the Civil Court as well as the Revenue Court as Authorities under the Consolidation Act have been..........
Agreement to sell -- Unregistered - The property does not vest in the transferee until its registration is effected - No title passes on the basis of mere unregistered agreement to sell...........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 113, 65 -- Amendment of plaint - Limitation - Suit for declaration of title and injunction - Application for amendment filed after 9 years from date of suit - Since suit was based on title, Art.113 of Limitation Act being a residuary article is not applicable - Art.65 of Limitation Act providing..........
Banking service -- Home loan - Shifting of home loan - Withholding of title deed of property - The case of the complainant that at the time of sanction of loan three blank cheques were obtained from him by the petitioner - On shifting of loan one of the filled up and which resulted in dishonor - It appears that the petitioner did not reconcile with the shifting of loan..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Even if the rights of a minor in the immovable property are effected by act and conduct of his natural guardian, Court is the overall guardian of the minor who has to see that the title of the minor in the immovable property is not effected by any of the mode of transfer of property where there is no necessity..........
Foreign Exchange Regulation Act, 1973, Section 31, 50, 56 - - Suit for possession on basis of will - Plea that plaintiff as a foreign citizen cannot hold property in India without permission of RBI - Proprietary of - Held, defendant had no locus standi to take such defence under the Act - Plaintiff can have a valid title to the properties even if there is a violation of..........
Specific Relief Act, 1963, Section 34,38, Civil Procedure Code, 1908, Order 14, Rule 2 -- Suit for injunction simplicitor to injunct defendant from dispossessing him from suit premises on ground that he was recognized tenant of property - Though not directly, suit is to get the title established and on basis thereof, injunction has been sought for against defendants -..........
Constitution of India, 1950, Article 226, 14, 12 -- Jurisdiction of High Court - Appellant/Bank pleaded that direction of High Court for return of the title deeds deposited by respondent/Company as security cannot be a subject-matter of Art.226 of Constitution - If instrumentality of the State acts contrary to public good, public interest, unfairly, unjustly, unreasonably..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bona fide requirement - Petition dismissed - Owner transferring shop to his relative - Transferee landlady seeking eviction on the ground of bona fide requirement of her husband - Petition allowed - Appellate authority reversed the decision observing that arrangement/transfer between the original..........
