H.P.Urban Rent Control Act, 1987,, Section 14, Civil Procedure Code, 1908, Order 1, Rule 9,10 -- Rent and eviction - All the co-owners in an eviction petition seeking eviction on the ground of reconstruction of building are necessary party - In case one co-owner is allowed to raise construction without consent of other co-owners by way of judicial order then legal rights..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Merely because sale deed was not given effect in the revenue record, same does not extinguish right of purchaser...........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23 -- Transfer of property by senior citizen - Failure to provide basis amenities by the transferee - For declaring deed of transfer to be void it is not the legislative requirement that providing basic amenities and physical needs to the transferor should have been mentioned in the deed of transfer -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executant of sale deed wants it to be annulled, he has to seek cancellation of deed - If no, executant seeks annulment of sale deed, he has to seek a declaration that deed is invalid, or no, est, or illegal or that it is not binding on him...........
Transfer of Property Act, 1882, Section 43 -- Benefit of S.43 of the Act - Suit for declaration - Plaintiff claimed to be owner of whole of suit property by way of sale deed executed by defendant - Defendant on the other hand contended that he had only sold half share in suit property, as other half share belonged to his sister - No evidence on record that defendant had..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to seek partition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining respondent no.1 from creating third party interest in the suit property - Plaintiff prima facie failed to prove that he is having 50% share in suit land, as there was no document to that effect - Even otherwise, third party interest in suit land could not have been created without..........
Indian Penal Code, 1860, Section 376, 368, 109, Immoral Traffic (Prevention) Act, 1956, Section 4 -- Immoral activities - Raid at Kotha (Brothel) - PWs gave conflicting version as to how many girls were recovered from said kotha - Statements of girls recovered from kotha were not recorded and they were directly taken to Police Station - None of the rescued girls lodged any..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Transfer of Property Act, 1882, Section 60 -- Clog on redemption of mortgage - Incorporation of term that redemption shall not be redeemed for a period of 90 years - Held, it is a clog on the equity of redemption...........
