Indian Penal Code, 1860, Section 363, 372, 511 -- Kidnapping of girl for selling purposes - Sole testimony of victim - Victim stated that she was having affair with accused - This by itself gives strong possibility that victim had every desire to accompany accused on her own free will - Moreover, victim discovered to be 18 years of age, which shows that she being major was..........
Karnataka Cooperative Societies Act, 1959, Section 108 -- Revision - Barred by limitation - Confirmation of auction sale despite repayment of loan amount by appellants rendered them landless for more than 2 decades - Gross miscarriage of justice caused to appellants by deprivation of right to livelihood guaranteed u/Art.21 of Constitution - Since constant litigation has..........
Karnataka Cooperative Societies Act, 1959, Section 89, 38 -- Attachment and sale of immoveable property - Rights of auction purchaser - In instant case confirmation of sale happened only after repayment of principal loan by appellant - Auction purchaser cannot be said to be bonafide purchaser - Therefore, rights of auction purchaser cannot be protected...........
Arbitration and Conciliation Act, 1996, Section 11(6), 16 -- Appointment of sole arbitrator - Resistance of application by respondent on ground that the MOU is forged - MOU entered between parties incorporating terms for sale of Helicopter clearly containing clause 24 which provides for arbitration - Court does not have jurisdiction to decide upon issues raised while..........
Agreement to sell -- Recovery of possession - Defendants were put into possession in part performance of agreement to sell and they have not claimed any specific performance of agreement to sell - Defendants failed to prove the payment of entire sale consideration - Status of defendants is nothing but that of a trespasser - Since defendants were in possession of property,..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Registration Act, 1908, Section 77 -- Sale deed - Refusal to register - Sale deed executed through special power of attorney - Original owner by a letter to Sub Registrar alleged that he was abducted and kept in custody and his signatures and photographs were obtained - Sub Registrar insisted that original owner be produced for verification as to whether he had actually..........
Constitution of India, 1950, Article 32, Supreme Court Rules, 1966, Order 18, Rule 5, Supreme Court Rules, 1966, Order 10, Rule 3, 4 -- Review petition - Maintainability - Grounds of violation of principles of natural justice - Review petition filed because sale deeds on basis of which rate of compensation for acquisition of lands was hiked were intentionally price..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
