Criminal Procedure Code, 1973, Section 197 -- Registrar registering sale deed which was forged one - No allegation that accused took bribe in getting sale deed executed - Possibility of bona fide mistake or omission in duty could not be ruled out - Court held act or omission found in sale deed or in the register of Sub Registrar was in exercise of official duty of accused..........
Transfer of Property Act, 1882, Section 122 -- Conditional gift deed - Validity - Donor retaining possession and enjoyment right and also right to mortgage the property during his life time - No evidence of acceptance - Later on gift deed cancelled and sale deed executed in favour of others - In absence of a valid divesting of the absolute right of the donor in favour of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction order - Violation - Sale deed executed in violation of injunction order restraining alienation - Act which is committed is such which cannot be reversed or rectified or modified voluntarily as sale deed is executed by creating rights in favour of third party - Order of detention in civil prison for three months -..........
Agreement to sell -- Suit for specific performance - Money not offered at the time of execution of sale deed - Merely for this reason plaintiff cannot be held to be not ready and willing to perform his part of contract when there are necessary pleadings to this effect and there is nothing on record to doubt bonafide statement of plaintiff on oath that he is ready and..........
Karnataka Town and Country Planning Act, 1961, Section 14, City of Bangalore Improvement Act, 1945, Section 42, City of Bangalore Improvement (Allotment of Sites) Rules, 1964, Rule 17(4), Karnataka Municipal Corporations Act, 1976, Section 505 -- Multistoried building - Permissibility - Condition in lease-cum-sale agreement that lessee/purchaser shall not subdivide the..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Plaintiff ready to pay the balance sale price - Amount of Rs.15, 000/- and Rs.4302/- alleged to be paid by plaintiff, after execution of agreement to sell, not proved - Held, in view of attending circumstances and conduct of plaintiff finding that plaintiff is ready and willing to perform his part of contract..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction regarding interference in possession sought for - Agreement for sale in favour of plaintiff - Earnest money paid - Balance money not paid - Property sold to third person - Plaintiff held not to be in possession by lower court - Finding proper - Injunction cannot be granted...........
Housing allotment -- Delay in delivery of possession - Compensation - Complainants allotted houses under self financing scheme and paid the requisite amount in time but possession delivered late - The notification granting exemption in getting the sale deed executed and registered in respect of the superstructure withdrawn by Government - The act of delivery of possession..........
Specific Relief Act, 1963, Section 20 -- Specific performance - Relief of - Notice to execute sale deed issued nearly 3 years from date of agreement - Subsequent purchaser not impleaded immediately after such averment made in written statement - Absence of evidence to show that plaintiff was ready and willing to perform his part of contract - Discretion not to be exercised..........
Land Acquisition Act, 1894, Section 4, 6 18,, 23 -- Land Acquisition - Compensation - Comparable sale - Instances of sale of small tracks of land cannot be the basis of determining the market value of large tracks of land, unless suitable deduction is made in respect of development charges and land to be set apart - How much deductions are to be made depends upon nature of..........
