Specific Relief Act, 1963, Section 34 -- Protection to financiers - Seeking declaration that Bombay Money Lender`s Act is not applicable - Financiers/members of petitioner carrying on business of money lending under hire purchase basis of motor vehicles - Complaint that financiers were not possessing money lending license - Challenge against complaint on ground of..........
Agreement to sell -- Specific performance - Nazool Land - Vendor a Scheduled Caste and vendee a Jat - Agreement to sell is dated 18.01.1979 whereas the sale certificate is 17.07.1989 - As per Nazool land rules land could not be sold by Scheduled Caste to Non Scheduled Caste before the expiry of 10 years of the issuance of the Sanad - In case there is a bar to alienate the..........
Registration Act, 1908, Section 17 -- Mere registration of a document by the registering authority under the provisions of the Registration Act, does not confer any title - No person can transfer better title than that he possesses - Registration of a document merely records sale transaction between parties...........
Registration Act, 1908, Section 17, 19, 20, 21, 22A, 34, 35 -- Registration - Registering Officer cannot make a roving enquiry into the title and refuse the registration of a document on the objection raised by a person who is a third party to the document, on the ground that the party who executed the document and sought to register it, has no title to the property...........
Civil Procedure Code, 1908, Order 38, Rule 8 -- Adjudication U.O.38.R.8 - To be decided following the procedure as laid down U.O.21.R.58 CPC - Such adjudication determining all questions including the questions relating to right, title or interest in the property attached, the order passed therein has the force as if it were a decree and an appeal will lie against such an..........
Insurance claim -- Marine Ocean Policy - Necessary party - Contract on CIF basis - The title of good and insurable interest passed to the complainant - buyer - Held that Indian Exporter not necessary party since the OP has not denied the damage to the goods...........
Consumer Protection Act, 1986, Section 2(1)(g) , 14(1)(d) -- Housing loan - Deficiency in service - Compensation - Despite deposit of entire loan amount title deed traced after 5 months which was untraceable - The agreement to sell fell through and the respondent - complainant had to sell the house in distress at very low price as she needed money for treatment of his son..........
Jammu and Kashmir Tenancy Act, 1980, Section 67, Jammu and Kashmir Agrarian Reforms Act, 1976, Section 3A -- Jamabandi - Revenue Records confer no title on the party - The entries are relevant for fiscal purpose - Substantive rights of title and ownership of contesting claimants can be decided only by a competent civil Court in appropriate proceedings...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Housing - Joint venture agreement - Collaboration agreement - Development agreement - Construction contract - Deficiency in service - Complaint maintainability - Contract for construction of an apartment of house for appellant in accordance with specifications in term of contract - There is consideration for such..........
Marine Insurance Act, 1963, Section 3 , 4 -- Marine insurance - Insurance claim - Pleadings - Proof - The complainant have failed to plead and make out a case of loss, in respect of each and every consignment, either during transit or within 60 days of the consignments being discharged from the Ship at Port - They merely proceed the assumption that the insurer is liable..........
