Civil Procedure Code, 1908, Order 33, Rule 1 -- Suit in forma pauperis - Once the permission is granted, the filing of the suit will relate back to the date of presentation of the application for permission to file the suit as an indigent person and not on the date when the application is numbered and registered as a suit...........
Civil Procedure Code, 1908, Order 5, Rule 20, 19A -- Substituted service, recourse to - Before directing substituted service - Court should direct issuance of summons by registered post in compliance with provisions of Rule 19 - A unless Court finds sufficient reasons falling within limited ambit of proviso to Rule 19A - Substituted service cannot be ordered in a..........
Civil Procedure Code, 1908, Order 5, Rule 19A -- Once Court directs service to be effected by registered cover - Obligatory on a party to comply with the order - Court directed plaintiff to furnish registered covers for service of summons - Registered covers not furnished - Defaulting party cannot take any advantage of its own default...........
Civil Procedure Code, 1908, Order 5, Rule 19A, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 -- Service by registered post - Obligatory upon Court to order simultaneous issue of summons for service under Rules 9 to 19 and direct service by registered post...........
Registration Act, 1908, Section 17(1)(b) -- 'Of the value of one hundred rupees and upwards' - Value is relatable not to the land or immovable property whereto or wherefrom such right is created or extinguished but with reference to 'any right, title or interest', whether vested or contingent, so created or extinguished - So, the value of the right or interest that has..........
Specific Relief Act, Section 28 -- Recession of contract - Decree for specific performance directed defendant to execute sale deed on payment of balance sale price and get it registered within two months - Payment of sale consideration - Condition precedent for execution of sale deed - Plaintiff failed to deposit balance sale consideration within period fixed by Court and..........
Evidence Act, 1872, Section 116 -- Estoppel - Title suit for eviction - Defendant admitted the plaintiff to be landlady of suit premises under a registered lease deed- Cannot challenge the title of landlady to be defective - Before surrendering possession tenant shall not be permitted to set up title in a third person...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Deed of adoption not signed by any person giving the child in adoption - Copy produced not indicating that this is a registered deed of adoption - No presumption under S.16 can be drawn relating to the validity of adoption...........
Haryana Urban Development Authority( Erection of Buildings) Regulations, 1979 -- Regulations 3, 8, 12 and 13 - Allottee duty bound to submit building plan and other documents duly signed by registered Architect - Regulation 3 lays down that any person who intends to erect or re-erect any building shall make an application in writing to Estate Officer in Form BR.I..........
Agreement to sell -- Suit for specific performance - Whether time essence of contract - One of the terms was that vendee to pay interest on balance amount in case she fails to get the sale deed registered after obtaining Urban Land Ceiling certificate by vendor - No time fixed for getting the sale deed registered - Vendor issued notice requiring vendee to complete all..........
