Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami property - Property purchased by 5 family members in the name of one member (i) Parties made contributions towards sale consideration; (ii) Parties closely related to each other; (iii) Transfer of rights in favour of one was that Corporation required the transfer to be in favour of individual presumably..........
Land Acquisition Act, 1894, Section 18,9,6 -- Compulsory Acquisition of land - Determination of market value - Rule of annual increase for grant of higher compensation - Market value as per sale deed was Rs.1.40 lakhs per acre - Said sale deed was two and a half years prior to present acquisition - Court has been granting 10% to 15% increase p.a. - Hence, in the instant..........
Land Acquisition Act, 1894, Section 18,4,6 -- Compulsory acquisition of land - Determination of market value - Value of sale of small pieces of land can be taken into consideration for determining value of large tract of land but with a rider that Court while taking such instances into consideration has to make reasonable deduction keeping in view of other attendant..........
Civil Procedure Code, 1908, Section 91(2) -- Public street - Encroachment - Plaintiff in view of the sale deed executed in his favour by defendant No.1 making provision for the disputed street has independent personal right to file suit to seek protection of disputed street from encroachment by defendants - Consequently, suit cannot be said to be barred by S.91 CPC...........
Evidence Act, 1872, Section 115 -- Street - Sale deed executed by defendant No.1 entitling plaintiff to use the disputed street - Defendant No.1 is estopped from denying the user of the said street by the plaintiff - Doors and windows of house of plaintiff also open towards the said street which depicts that plaintiff is using the said street...........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Levy of - Suit for declaration, permanent injunction - Possession of suit property sought as consequential relief - S.7(iv)(c) would be applicable - Land in question not assessed to land revenue being agricultural land - As it was situated within municipal limit, ad valorem court-fees payable as per value of..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem court-fees - Liability to pay - Sale of joint family properly by `Karta' of family - Suit for declaration of permanent injunction and possession by son of Karta - Son of Karta would be liable to pay ad valorem court-fees...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and injunction - Ownership on the basis of registered sale deed - Defendant claiming ownership on the basis of decree passed as a result of oral family settlement - Decree not placed on record - Register of institution of suit does not disclose institution of suit in which decree alleged is passed - Said decree..........
Registration Act, 1908, Section 17, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Sale deed - Refusal to register - Temporary injunction restraining specific individual from executing sale deed or transferring the property - Held, Sub Registrar can refuse to register sale deed - Order of refusal cannot be found fault on the ground that Sub Registrar or purchaser of..........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document - Refusal to - Validity - Document sought to be produced being draft of sale deed allegedly having handwritten corrections and cuttings and was unsigned - Alleged draft deed had not been filed with application - Name of Advocate who was alleged to have made corrections had also not been disclosed -..........
