Land Acquisition Act, 1894, Section 23 -- Compensation - Determination - `De-escalation' - Exemplar sale deed was executed exactly 1 year 7 months and 17 days after publication of preliminary notification - Held, deduction of 10 percent under the head of "de-escalation" justified...........
Hindu Law, Hindu Law -- Ancestral property - Right of Karta to alienate - Karta has a right to sell property to bind junior members so long as sale could be supported by legal necessity or family benefit - Legal necessity is understood as such necessity which is in the nature of a requirement for any debts binding on family or valid expenses incurred antecedent to sales -..........
Hindu Law, Hindu Law -- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's share in property - Law permits an exercise by a member..........
Consumer Protection Act, 1986, Section 15 -- Appeal - New plea - Insurance claim - Repudiation - The OP/appellant repudiated the claim vide annexure R-3 in which no distinction made by the OP that the goods which were not for sale were not insured - The OP cannot be allowed to go beyond Annexure R-3 and written reply filed by it before the learned District Forum, to take..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application u/s 42 of the Act for correct of shares wrongly recorded in the revenue record filed after 56 years of consolidation - Petitioner had already sold his entire share by different sale deeds - Petitioner cannot say that he was not aware of the entries in the revenue..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant admitted in her cross examination that at the time of sale deed, accused had paid Rs.60,000/- - Complainant also admitted that hand writing on counter foil of the cheque is hers and it does not bear signature of accused - There is no explanation in her notice and..........
Agreement to sell -- Specific performance - Agreements in question were money transactions and not agreement of sale - It is also proved on record that plaintiff is money lender - Held, alternative relief awarded by both Courts below by passing a decree for payment of money justified - Appeal dismissed...........
Land Acquisition Act, 1894, Section 23 -- Market value - Comparable sale - Land acquired situated within municipal limits and was adjacent to existing colonies - Land acquired in the present case had great potential value for urban purposes, i.e. commercial, industrial and residential - Land of `K' acquired in same year much nearer to land acquired to present case than..........
Vehicle finance -- Forcible re-possession of vehicle - Plea of the appellant-OP rightly repelled that the vehicle had been surrendered by the complainant as no documents placed on record in support of this plea - Value of the vehicle was Rs. 3,96,000/- and the same was sold for Rs. 37,000 No notice was issued to the respondent-complainant - No market value of the vehicle..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Bona fide need - NRI Landlord - Leave to defend - Landlord filed an ejectment petition against tenant u/s 13-B of Act withdrawn - Landlord filed similar petitions against many other tenants which were withdrawn subsequently - Landlord executed sale deeds in favour of said tenants with respect to demised..........
