Sale deed -- Loan transaction or sale deed - Sale deed alleged to be only as security for repayment of loan - S.92 Evidence Act not a bar for proving these allegations - Sale consideration not paid before Sub-registrar - Sale deed for unconscionable low price - Close relationship between vendee and illiterate widow lady in need - Possession given towards payment of..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Defendant admitting receipt of amount claimed but claim for interest denied - Court can pass decree in favour of plaintiff for the admitted receipts of the amounts by the defendant - Issue of interest, however, can be finally tried...........
Advocate -- Professional misconduct - In the pretext of Court fee misappropriation of amount - Misguided as regards progress of case - Subsequent refund of amount with interest by cheque - Dishonour of cheque - Legal notice alleging misconduct - Receipt admitted but remained unreplied - Defence that receipt for amount and cheque towards refund not issued by appellant and..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation based on Civil Court decree - Contested mutation - Civil Court decree against Gram Panchayat - Villagers contest the mutation - Revenue Officer while giving effect to Civil Court decree has also to go into total circumstances of the case particularly when interest of Gram Panchayat not watched before Civil Court...........
Partition deed -- Whether memorandum of partition? - Various items of properties shown against the name of each of the parties to the document - Property divided by consent and every one entitled to enjoy property allotted to him - No reference to the earlier partition deed - A reading of the entire document and its contents shows that it is in fact a partition deed and..........
Transfer of Property Act, 1882, Section 53A, 60 -- In granting relief under Section 53-A of the T.P. Act the question whether a contract is specifically enforceable or not has no bearing at all - Sections 10 and 12 of the Specific Relief Act are quite distinct from Section 53-A of the T.P. Act which applies even when the specific performance of a contract is barred or the..........
Punjab Security of Land Tenures Act, Section 19A -- Acquisition of additional area by landowner after his surplus area had already been determined - Additional acquired land would be surplus in the hands of landowner - Landowner conferred proprietary rights in land by Rehabilitation Department after the decision of landowner's surplus area case - Acquisition of land by way..........
Punjab Security of Land Tenures Act, 1953, Section 9 -- A First Proviso and Section 9(1)0) - Tenant ordered to be ejected but ejectment not to be effected till tenant allotted land from surplus pool - Tenant allotted land from surplus pool but refused to take possession, again allotted land but tenant made no efforts to take possession - Only limited protection given to..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Interest demanded - Demand notice not invalid merely because the interest amount has been added...........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A -- Chandigarh Lease - Hold of Sites and Building Rules 12 and 20 - Resumption of Booth for violating terms and conditions of allotment (non - payment of instalments and assigning/sub - letting) - Possession of allottees or any one claiming through them becomes unauthorised - Proceedings held under Public..........
