Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite at appellate stage - Suit for declaration and injunction - Petitioners had knowledge of execution of sale deed before passing of the decree - However, they did not file any application for impleading them as party before trial Court - Application filed in appeal - Application rightly..........
Hindu Minority and Guardianship Act, 1956, Section 8, Guardians and Wards Act, 1890, Section 10 -- Sale of minor's property by mother - Permissibility - Mother is a housewife and has no source of income and is facing severe hardship in meeting educational expenses and maintenance of her minor daughters - Sale of property permitted - Directions issued...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Sale exemplars of lands situated in an adjacent village cannot be used to determine the market value of acquired land since such lands may differ in terms of quality and other attributes...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - Post-notification sales can only be considered when better evidence is not available on record and when the party relying on it can convincingly demonstrate that there has been no upward trend in market prices due to the acquisition...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Sale exemplars - There is no bar in law against considering sale exemplars of smaller plots, provided they are subjected to adequate developmental charges...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Enhancement of compensation - Sale exemplars - There are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation - Highest sale exemplar which are close proximity to acquired land should be relied upon rather than solely depending upon an average of..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Bank took the plea of default for the first time through the counter affidavit filed in the writ petition - Parties are not permitted to raise new pleas not contained in the order impugned while assailing the correctness or the validity of..........
Security Interest (Enforcement) Rules, 2002, Rule 9(4) -- Auction sale - Setting aside - Non-deposit of balance sale consideration - Extension of time - Period to deposit the balance sale consideration, as provided under the Rules, is not sacrosanct and is extendable with the consent in writing of parties - R.9(4) of Rules will only come into play when there is default on..........
