Agreement to sell -- Previous sanction before conveyance - Agreement to sell between tribal and non-tribal person - There is no bar for a triable to enter into an agreement to sell and seeking advance sale consideration - However, before conveying the land by tribal in favour of a non- tribal, requisites of S.36-A of Maharashtra Land Revenue Act must be complied with by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Registration Act, 1908, Section 17, 49 -- Registration - Document in question is a sale deed showing conveyance of title - It is compulsorily registrable u/s 17 of the Act - Payment of stamp duty and penalty is not a ground to admit the document in evidence - Document cannot be admitted in evidence on the ground of collateral purpose/transaction for the reason that..........
Agreement to sell -- Agreement to sell or an agreement of re-conveyance - Specific performance - It is implicit that plaintiff has to accept the title of defendant...........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Agreement to sell -- Not a conveyance and it does not transfer ownership rights or confers any title...........
Agreement to sell -- Lease/sale/conveyance or transfer rights prohibited or barred under the Fragmentation Act - As agreement to sell is not a conveyance, it does not transfer ownership rights or confers any title - Therefore, agreement to sell cannot be said to be barred under Fragmentation Act...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of S.42 of the Act - Search, seizure and arrest of accused was affected not by entering into any building conveyance or place but in a public place - S.43 of the Act is governing the power of seizure and arrest in public place - S.42 of the Act thus, not applicable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Claim for conveyance - Appellant `A' suffered 95% permanent disability and appellant `S' suffered 70% disability - They would require extra use of transportation even for going to short distances - It would be just and proper to award Rs.50,000/- and Rs.25,000/- to Appellants `A' and `S'..........
