Housing -- Housing Scheme - Partially Self Financing Scheme - Lump sum payment - Rebate - Claim of rebate of 10% - As per the brochure of the scheme the schedule of payment which could be availed of by the allottee is clearly spelt out - Respondent did not pay the balance amount of Rs.4,85,763/- in lump sum as envisaged in the scheme but paid only 3,99,706/- and rest of..........
Civil Procedure Code, 1908, Section 47, 11 -- Execution - Res judicata - Parties contested the suit and appeals treating the property described in schedule of plaint as `suit property' - Objections now raised including the objection, that suit property is 4 Decimals and not 4 Kathas and 4 Dhurs, were not raised by petitioner in earlier objection petition filed during..........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - Mortgage period fixed as 10 years - Limitation period for redemption of mortgage is 30 years commencing from expiry of period of 10 years - Suit for possession by redemption of mortgage is not governed by Article 65 of Schedule to..........
Workmen's Compensation Act, 1923, Section 4 -- A driver while in employment met with an accident and lost use of his legs - Nature of such injury not specified in Schedule I - Compensation in such cases is to be assessed on such percentage of the compensation payable in the case of permanent total disablement as is proportionate to the loss of earning capacity, permanently..........
Constitution (Schedule Caste) Order, 1950 -- Paras 2 and 3 - Conversion from one religion to other - Essentials - To prove conversion two essential elements are required to be proved - First there has to be a conversion and second accepting into the community to which the person is converted...........
Stamp Act, 1899, Section 35 -- Schedule I-A, Article 47-A - Agreement to sell - Admissibility in evidence when proper stamp duty is not paid when there is recital of delivery of possession - Pleading that possession not delivered - Execution of agreement and delivery of possession denied in written statement - Document is admissible in evidence without payment of proper..........
Stamp Act, 1899, Article 5, 35 -- Rent agreement - Such an agreement to let along with lease is specifically included under Art.35 of Sch.1-B of Act as such general entry of 'agreement' as provided under Art.5 of Schedule 1-B of Act would not apply...........
Housing -- Mini Middle Income Group House - Under Hire Purchase Scheme - Refund - Petitioner had adhered to the payment schedule as stipulated by the Respondent - Respondent Authority took quite long to complete the development work and construction of the houses and defaulted in not giving the possession of the house to the petitioner as envisaged under the Scheme -..........
Civil Procedure Code, 1908, Order 33, Rule 5, Limitation Act, 1963, Section 13 -- Suit for damages - Application to sue as forma pauperis - Period of limitation - Application to sue as forma pauperis filed alongwith suit - Rejection thereof for want of requisite schedule - Plaintiff preferred an appeal before District Judge which was returned with direction to present the..........
Specific Relief Act, 1963, Section 38 -- Injunction suit - Determination of title - In a suit for relief of injunction simpliciter the question of determination of title does not arise - A reference to title, if at all, would be only in the limited context of understanding the claim of the respective parties in the suit schedule property...........
