Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For applicability of the provision of S.53-A of the Act two conditions must be fulfilled : (a) transferee must, in part performance of the contract, have taken possession of the property or any part thereof; (b) transferee must have performed or be willing to perform his part of the agreement - It is only if..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Clause in agreement that permission is given to the vendee to start construction on the land - It is license which was given for the purpose of developing the land into flats and selling the same - Such licence cannot be said to be `possession' within the meaning of S.53-A of the Act,..........
Income Tax Act, 1961, Section 2(47)(ii), (vi) -- Transfer - Agreement to sell - Compromise deed - Appellant/assessee entered into agreement to sell with builder - As per Compromise deed, appellant received agreed sale consideration and balance amount towards full and final settlement in respect of agreement also paid through 7 post dated cheques - All the cheques were..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), (4)(a), (7) -- Enforcement of security interest - Bank taking possession of secured assets - Distribution of sale proceeds - Agreement providing that only employee's dues would be settled by Appellant-Bank and all other liabilities would be settled by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Material alteration - Wall admittedly removed by tenant is one separating two shops - Identity of property is clearly lost - It is indeed a material alterations which has led to impairment of value of property in question - No infirmity, illegality in order passed - Eviction order..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - No pleading raised that suit property is in joint ownership of plaintiff and original owner - However, first appellate Court granted finding of joint ownership of suit property - Said finding is not based on pleadings of parties - More so, registered sale deed executed by original owner in favour of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Protection of S.53-A of the Act - Dismissal of suit for specific performance - (i) When certain things were to be performed by plaintiff and suit for specific performance was dismissed due to non performance of that part of contract or bar of limitation, then protection of S.53-A of the Act is not available..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor u/s 53-A of the Act, will not get any title or ownership over property...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possessor in part performance of property will not get any right of alienation or title or ownership over property - Property will remain outside purview of provisions dealing with transfer of title and ownership either by way of sale, mortgage, gift or settlement - Provision governing devolution of right by..........
