State Financial Corporations Act, 1951, Section 29 -- Recovery of loan - Sale of seized vehicle - Validity - Issuance of mandamus sought by borrower for rephasement of installments to clear outstanding loan amount borrowed - During pendency of matter, vehicle was seized and sold at Rs.1,51,000/- which was lower than off-set price of Rs.2,50,000/- and also much lower than..........
Partition Act, 1893, Section 3, 4, Civil Procedure Code, 1908, Order 21, Rule 89 -- Right of pre-emption - Exercise of - Preliminary decree for partition - Auction held in execution proceedings - Pre-emptive right of purchase not exercised at stage when sale certificate was to be issued or when matter was remanded by High Court for re-determining reserve price - Held,..........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for specific performance - Restraining defendant from alienating the suit property - Suit filed more than six years after the expiry of the target date stipulated for sale deed - Temporary injunction not granted in the interest of justice - However, direction issued that in the event of..........
Civil Procedure Code, 1908, Section 9, Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 36A - - Jurisdiction of Civil Court - Suit based on title - Plaintiff having title over suit property - Defendant claiming ownership by way of adverse possession - No bar to entertain said suit u/s 9 CPC...........
Will -- Genuineness and validity - Fact that propounder was present at the time of execution of Will and that nothing was given to respondent Nos.1 & 2 - Not decisive of the issue relating to genuineness or validity of the Will - Respondent Nos.1 & 2 separated after taking their share at the time of partition - No choice was left except to live with appellant who along..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice terminating the tenancy should be in regard to the property leased out and not in respect of a portion of the lease...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Notice not to be read in a hyper-critical manner nor must its interpretation being crippled by pedagogic pendantism or over refined subtletly - It should not be interpreted in a manner so as to find fault with it, but only in a fashion so as to ascertain whether the individual receiving the notice understood the..........
Transfer of Property Act, 1882, Section 106,113 -- Quit notice - Waiver - S.113 of the Act permits waiver of notice by express or implied consent of the individual upon whom it is served - The waiver is express if it is made with the express consent of the person upon whom the notice is served - It is implied when, though it is not made with the express consent of the..........
Transfer of Property Act, 1882, Section 106,113 -- Quit notice - Waiver - To constitute waiver landlord not only ought to have the knowledge of the fact that its conduct of accepting the rent amounts to waiver, but also that it should have the intention to treat the lease as subsisting...........
Transfer of Property Act, 1882, Section 106,113 -- Acceptance of rent after issuance of notice - Amounts to waiver of notice - It shows an intention on the part of landlord to treat the lease as a subsisting one...........
