Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Stamp Act, 1899, Section 3 -- Stamp duty - Sale of resin - Sale of resin is held to be a conveyance - Stamp duty would be payable on it as per schedule contained under the Act...........
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...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 2(10) -- Conveyance deed - Unregistered and unstamped document - Payment of part of consideration amount and handing over of possession of property is nothing but a conveyance and therefore, is governed under Registration Act as well as Stamp Act...........
Specific Relief Act, 1963, Section 12 -- Part performance - Vendor executed agreement in favour of transferee prior to agreement with plaintiff - Since title in respect of 100 square yards passed to transferee and suit for specific performance is barred against transferee, trial Court constrained to decree suit for specific performance in part and rightly directed that a..........
Specific Relief Act, 1963, Section 39 -- Suit for declaration and permanent injunction - Plaintiff clearly proving that his possession follows his title - Even, revenue and land records are in name of plaintiff - Revenue records of defendants based upon deed of conveyance without any title cannot stand in way of granting relief of mandatory injunction to plaintiff -..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Flat purchasers who obtained possession or executed Deed of Conveyance, do not loose their right to make a claim for compensation for delayed handing over of flats...........
Agreement of re-conveyance -- Specific performance - Readiness and willingness - No evidence to show that plaintiff has means to make arrangements for payment of consideration under re-conveyance agreement - Intention of plaintiff not to pay amount as per agreement is clear from application filed by plaintiff though dismissed before competent authority seeking..........
Transfer of Property Act, 1882, Section 54, 58(c) -- Sale or mortgage by way of conditional sale - Document in question shows that property was agreed to be sold absolutely for a total consideration of Rs.35,000 - Sale deed and re-conveyance agreement executed on same day - Transaction cannot be mortgage by way of conditional sale in view of S.58(c) of the Act - Intention..........
Indian Penal Code, 1860, Section 325 -- Offence u/s 325 IPC - Injured child witness categorically stated that accused pushed her and her hand broke down when she fell down - FIR lodged next day of incident, as police station is 25 kms away from place of incident and there is no conveyance to reach at Police Station - Doctor who examined victim found fracture in left hand..........
