Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - If matter involves complicated questions of fact and law relating to title, Court will relegate the parties to the remedy by way of comprehensive suit for declaration of title, instead of deciding the issue in a suit for mere injunction...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff admitted that Government is owner of roof of shop in dispute and he has no right to make alteration/changes thereon - He neither produced allotment letter of suit shop in favour of his predecessor-in-title nor produced his registered sale deed - Since, plaintiff failed to..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Consumer fora under the Act would not have jurisdiction to entertain consumer complaints on the ground of deficiency in service related to transfer of title of immovable property...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service does not include transfer of title in favour of allottee who was earlier granted leasehold rights...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
Mutation -- If dispute is with respect to title and more particularly when mutation is sought on the basis of Will, such party has to get his rights crystalised by Civil Court and only thereafter on the basis of decision of Civil Court, necessary mutation entry can be made...........
Mutation -- Mutation entry does not confer any right, title or interest in favour of the person and mutation entry in revenue record is only for the fiscal purpose...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Registration Act, 1908, Section 71 -- Refusal to register document - Mere dispute of title would not ordinarily constitute a reason for refusal to register the sale deed, but however, document may be refused to be registered in certain circumstances such as if same is against public policy...........
