Land Acquisition Act, 1894, Section 17(4), 4, 6, 5A -- Acquisition of land - Invocation of urgency clause - Land required for residential cum commercial scheme - Declaration u/s 6 of the Act was issued only on eve of expiry of one year from date on which notification u/ss 4, 17 of the Act was issued - File does not reveal any urgency at all associated with the need to..........
Rent and Eviction -- Two partners - Death of both the partners - No clause permitting continuation of partnership by legal heirs - Non residential tenanted premises is deemed to be vacant in law as tenant is deemed to have ceased to occupy the building - Consequently tenanted property has fallen vacant...........
Consumer Protection Act, 1986, Section 12 -- Allotment of residential flat - Non-delivery of possession - Interest on refund of consideration amount - Subsequent purchaser who steps into shoes of an original allottee of a housing project on which builder has not honoured its commitment to deliver flat is entitled to relief of interest on refund of consideration amount...........
Indian Penal Code, 1860, Section 380, 457 -- Offence u/ss 380, 457 IPC - Circumstantial evidence - Allegation that accused being pujari of temple committed theft in temple - Recovery of Rs.14,300 from residential quarter of accused is the evidence against accused in which his son was also residing - Currency notes were lying in different pages of religious books in the..........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10 -- Eviction petition - Dismissal of - Since landlord himself categorically admitted that he is having several residential as well as non-residential properties in and around, therefore, landlord failed to prove his bonafide requirement - Both Court below rightly dismissed eviction petition on ground of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from craving out any passage/rasta thereby obstructing plaintiff's access to her residence - Prima facie case is in favour of plaintiff as per pleadings of parties, photographs and document available on file - Balance of convenience is also in favour of plaintiff - In case..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from raising construction over suit property and changing existing portion of land and alienating specific portion of land - Defendants have already raised construction over suit property and built residential houses - Plaintiff never objected the same and..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - Power of Tribunal - Relief of residence to senior citizen and parents cannot be granted unless and until there is an order of eviction of persons who have forcefully occupied premises/residential area of such parents and senior citizens - Maintenance includes residence as such..........
