Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Plaintiff was neither in actual physical possession of suit land on the date when parties entered into agreement nor was in a position to deliver it to defendant - Defendant was only in part of possession of suit land and not in actual possession of suit land under agreement - He..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Defendant failed to discharge the burden of proving readiness and willingness on his part to perform the contract by making payment of balance amount of consideration either on the date agreed for execution of sale deed or thereafter till filing of suit - Provision of S.53-A of the Act..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Claim for eviction is maintainable even though senior citizen is not owner of property in question, as interest of senior citizen in the property, whether as licensees or tenant falls within the definition of `property' u/ss 2(f), 23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(f) -- `Property' - Includes any right or interest in any immovable property and is not limited to ownership of property...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4(4), 22, 23 -- Maintenance - Requirement that children or relatives must be in line to inherit the property is mandated only in S.4(4) of the Act for issuing direction with regard to maintenance - No such pre-condition has to be satisfied for invoking jurisdiction either u/s 22 or S.23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Eviction - Maintenance Tribunal has jurisdiction to pass an order of eviction, even in the absence of a comprehensive action plan for protecting the life and property of senior citizens u/s 22 of the Act...........
Hindu Succession Act, 1956, Section 8, 6 -- Succession - Self acquired property - Where a Hindu male died leaving behind him a female relative specified in class-I heir, property in such case shall devolve on heirs by succession and not by survivorship...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 4.800 kg poppy husk - Prosecution proved its case by official witnesses - There are no lacunae in prosecution evidence - Chain of link evidence is complete - Case property remained intact throughout - There are no discrepancies in the statements of witnesses - Accused rightly convicted...........
Jammu and Kashmir State Evacuee's (Administration of Property) Act, 2006, Section 6, Land Acquisition Act, 1990, Section 4 -- Writ petition - Restraining JDA from dispossession petitioners from land - Land in question was acquired for public purpose and compensation has already been awarded - Documentary evidence produced by State clearly established that State has taken..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining husband to interfere in the wife's possession of property - Wife being legally wedded wife of husband, is entitled to enjoy the benefit of house, in which she is permitted to stay under compromise deed - Family Court rightly granted decree in favour of wife - No exception can be taken to said..........
