Transfer of Property Act, 1882, Section 54 -- Sale - Part payment made - Vendor executing sale deed duly signed - Sale deed presented for registration - Vendor refused to sign the endorsement on the sale deed on the ground that he has not received the balance amount of consideration - Registrar registering sale deed - Held, title does not pass on registration of sale deed..........
Land Acquisition Act, 1894, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Land acquisition - Compensation - Reference - Impleadment of a party claiming title to property in reference proceedings - Reference made only in respect of the amount of compensation - No reference made in regard to the right of persons to whom it was payable or apportionment of..........
Registration Act, 1908, Section 17 -- Immovable property - Transfer of title - An admission cannot create title in respect of immovable property - An oral release or a written letter of an original owner acknowledging another person as the owner has no value in the eye of law...........
TITLE -- If a person derives title in terms of statutory provisions, he cannot be deprived of the same by an agreement entered into by other parties - A right in the property can be relinquished only by a registered instrument...........
Adverse possession -- Possession by a person who claims to have been put in possession under an agreement for sale cannot be adverse to that of the title holder, but can only be permissive and subservient to the title holder - However, nature of the possession which to begin with was permissive can later turn to be adverse...........
Electricity (Supply) Act, 1948, Section 49, Consumer Protection Act, 1986, Section 2(1)(d)(i), 2(1)(d)(ii) -- Statutes - Interpretation - Title of provision or marginal note - Do not afford legitimate aid to construction of the provision - Use of expression in S.49 of the Act 'supply of electricity' cannot be automatically understood as sale, merely because marginal note..........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300(1) -- Double jepardy - Appellant charged for importing Hashish from Nepal to India and then exporting the same out of India - Appellant was tried before District Court in USA for conspiracy to possess with intention to distribute controlled substances which is an offence u/s 846 of Title..........
Adverse possession -- To claim adverse possession, there must be a specific pleading by the parties, who assert such right, and there must be sufficient proof to show that they perfected title by adverse possession...........
Document -- Cancellation - Parties basing their title on a particular document - Opposite party disputing genuineness of the document - Burden is on the party who relies on the document to establish that it is a true and valid document and binding on the opposite party - Held, there is no need for the plaintiffs to file a suit for cancellation of that document...........
Suit for possession -- Limitation - Passing of title to plaintiff stands proved more so, when defendant himself had specifically denied his ownership in witness box - Plaintiff proved his title and as adverse possession has not been proved and as it is further not proved that defendant was in possession since before January 1978 - Trial Court rightly held that suit not..........
