Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
Agreement to sell -- Specific performance - Previous sanction before conveyance - Conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with S.17 of Registration Act - Till then there is no conveyance - Therefore, there is no bar to enter into an agreement to sell without previous sanction. (Maharashtra Land Revenue Act,..........
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..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, 176 -- Suit for declaration before Revenue Court - Limitation - No limitation is provided for filing a declaratory suit before Revenue Court...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Court Fees Act, 1870, Section 7(iv) -- Court fee - Agricultural land in State of Haryana - Court fee is payable on the basis of 10 times of revenue payable and not on the value of property or sale deed of suit property...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
