Constitution of India, 1950, Article 226 -- Lease - Writ petition - Maintainability - Lease of suit property to expire in year 2038 - Respondents tried to take forcible possession from petitioner - Petitioners concealed the fact that allotment was cancelled in the year 1952 - More so, petitioner has efficacious and alternative remedy in the form of civil suit - Writ..........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 7(4), 6, 5 -- Payment of tax - Motor vehicles under possession of manufacturer or dealer - Manufacturer or dealer can impose tax in respect of motor vehicle in his possession during course of business, suitable for use on roads, which is within legislative competence of Entry 57 of State List of VII..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 23 -- Penalty - Non-payment of tax - Penalty becomes payable at the rates specified in R.4 of Taxation Rules within prescribed period - Since show cause notices were issued and after hearing appellants penalty was imposed, no interference warranted in imposition of penalty for no, payment of tax within..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49 -- Lease - Registration - Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument - Perusal of terms and conditions of rent agreement between parties leave no manner of doubt that lease between..........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Transfer of Property Act, 1882, Section 105 -- Lease - Without specifying terms of lease - Such lease can be terminated and properties can be recovered back from the lessees, if lessors choose to recover the properties...........
Transfer of Property Act, 1882, Section 107 -- Lease - U, registered - Defendant was put into possession of suit land by virtue of lease deed for a period of 15 years - Said lease deed being u, registered is not a valid lease deed within purview of S.107 of the Act - However, jural relationship between plaintiff and defendant is established by virtue of said lease deed...........
Transfer of Property Act, 1882, Section 107, 106 -- Lease - U, registered - Lease deed being unregistered is not a valid lease deed - Duration of lease of 15 years as agreed in lease deed being a terms of invalid lease cannot be construed as `contract to contrary' as contemplated u/s 106(1) of the Act - Said lease deed therefore, shall be deemed to be lease from month to..........
Registration Act, 1908, Section 49 -- U, registered lease deed - Lease deed being unregistered can only be received as evidence of contract or as evidence of any collateral transaction - However, duration of lease of 15 years as fixed by parties of said void lease deed cannot be a collateral purpose within meaning of S.49 Proviso of the Act...........
