Hindu Law -- Ancestral property - Lease for 99 years for a nominal amount of Rs.200/- without legal necessity of family or for any good management thereof - Held not valid - Every member of Joint Hindu Family gets right and interest by birth in ancestral property and has a right to challenge its alienation made by any coparcener...........
Civil Procedure Code, 1908, Section 152 -- Interest - Allowed more than agreed by the parties - Correction of judgment and decree - Correction of rate of interest allowed...........
Mortgage -- Exchange - Transfer of property in exchange of mortgage property - Mortgage is a transfer of interest in immovable property - If such an interest is exchanged in view of mortgage property, it amounts to an exchange not sale - It is mere transfer or exchange of existing interest - It does not require registration or stamp duty...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Offer of alternate property - Different property cannot be substituted for original one specified and attached, if objected to by the other party either on ground that alternate property offered as security is much less in value than plaint claim or on ground that party offering it has no title..........
Chandigarh Lease Hold of Site and Building Rules, 1973, Rule 12(3) -- rule (3) as amended in 1993 - 24% interest on delayed payment of instalment - Chargeable only w.e.f. 22.7.1993...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Offence sprouted from different cheques filed at two different places - Parties same - Offence is of the same nature - Transfer of complaint from one place to another place ordered in the interest of justice and also for the convenience of conducting the trial..........
Criminal Procedure Code, 1973, Section 202, 465 -- (a) Under Section 200 Magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present; (b) When the complaint is made in writing by a public servant in discharge of his official duties, the Magistrate need not examine the complainant and the..........
Criminal Procedure Code, 1973, Section 406, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of case - 5 complaints filed u/s.138 of NI Act before Court at Chennai - Another complaint filed u/s 138 of NI Act before Court at Hyderabad - Complaint filed before Court at Hyderabad sought to be transferred to Court at Chennai - Parties in all..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Identification of property - Commission application dismissed - Amounts to failure of justice - It could be considered to be a case coming under the proviso to S.115 - High Court can also invoke the jurisdiction under Art.227 if the Court below went wrong in refusing to have the properties properly identified, in..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Principles to be applied - (1) Condonation of delay is a discretionary jurisdiction conferred upon the Courts; (2) Delay to be satisfactorily and reasonably explained; (3) Liberal consideration to be given so as to advance substantial justice and also in the interest of justice where of course no gross negligence or..........
