Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for Specific performance - Mortgage of property during pendency of suit - Appellants derived their right from alleged mortgage which was entered into during pendency of suit - Both the Courts thus, rightly found that alleged mortgage in favour of predecessor in interest of appellants is governed by..........
Uttar Pradesh Water Supply and Sewerage Act, 1975, Section 52 -- Imposition of levy u/s.52 of the Act - Constitutional validity - Levy imposed u/s.52 of the Act is tax on lands and buildings situated within the territorial area of jal sansthan for the purpose of imposing tax - Also, proceeds of tax are intended to constitute revenue available to the Jal Sansthan to carry..........
Uttar Pradesh Water Supply and Sewerage Act, 1975, Section 52 -- Imposition of levy u/s.52 of the Act - Nature of - Nomenclature ascribed to a tax does not determine the nature of levy or its true and essential character - Tax labelled as "water tax" or "sewerage tax" under the Act is in substance a tax on land and buildings situated with the area of the Jal Sansthan..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Plea of bona fide purchaser - Agreement to sell entered into between defendant and original owner - However, original owner sold the property in favour of GK prior to initiation of suit against original owner by defendant - Thus, at the time of filing suit for specific performance against original owner..........
Civil Procedure Code, 1908, Section 50, 52, Order 21, Rule 11 -- Execution - Money decree - Arrest of LRs of JD - Liability of L.R's is limited to assets which actually come to his hands - An order of arrest of L.R's of J.D. is not sustainable...........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Neither illegal nor void and provision of S.52 of the Act do not have effect of annulling conveyance or transfer otherwise, but such conveyance or transfer remains subservient to a writing of parties to a litigation...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Determination - Intention of parties is to be gathered from document itself - Mainly, intention is to be gathered from meaning and words used in the document except where it is alleged and proved that document is a camouflage...........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties were never to create a relationship of lessor and lessee - Prior agreement between parties superseded by subsequent agreement - Defendants did not even step into witness box to establish that they were lessees not merely licensees of suit premises - There..........
Central Goods and Services Tax Act, 2017, Section 2(52), Constitution of India, 1950, Article 32, 14, 19(1)(g) -- Lotteries - Tax - Challenge to provisions of Central Goods and Services Tax Act, 2017 insofar as it imposes tax on lottery - Writ petition alleging violation of Article 14 specially with respect to parliamentary Act can very well be entertained under Article 32..........
