Contempt of Courts Act, 1971 -- Undertaking to vacate - Vacating a part in self possession and showing inability to vacate another part in possession of his brother - Neither indicated at the time of undertaking nor the case in any pleading that he is in possession of a part of the premises - Order of eviction passed on the first contemnor is equally binding upon the..........
Plot allotment -- Group Housing Society - Rebate - Para 3C(ii) of the letter of intent provided 10% rebate in case construction completed within four years from the date of offer of possession - It is uncontroverted that the construction was completed within four years from the date of offer of possession - Complainant Society held entitled to the rebate of 10% of costs of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction against forcible dispossession - Plaintiff admittedly in possession of plot in question - Possession of plaintiff over the plot in question entered in the records (field book) - Even Gram Panchayat issued notice to father of plaintiff for removal of construction over the said plot - Gram Panchayat not..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of one plaintiff during pendency of first appeal and his L.R's not brought on record - All the plaintiffs claimed common ownership and possession - Appeal stands abated in its entirety...........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Redeeming features - (a) delivery of possession to mortgagee, (b) mortgagee to retain possession until repayment of money and to receive rents and profits or part thereof in lieu of interest, or in payment of mortgage money, or partly in lieu of interest and partly in payment of mortgage money, (c)..........
Limitation Act, 1963, Article 61 -- Limitation for suit to redeem or recover possession of immovable property mortgaged - 30 years from date of accrual of right to redeem or recover possession...........
Term 'entrustment -- - The term 'entrustment' is not necessarily a term of law, it may have different implications in different context - In its most general significance all it imports is the handing over possession for some purpose which may not imply the conferring of any preparatory rights at all...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Charge over property - Husband entered into agreement for sale of house when dispute between him and wife started - Purchaser paid advance under agreement without enquiring about his wife and children - Purchaser made a party to suit filed by wife - Wife in..........
Prevention of Food Adulteration Act, 1954, Section 19, 20A -- Warranty - Protection to vendor - Vendor can seek protection if he proves that the article of food purchased is covered by written warranty in the prescribed form and that article of food while in his possession was properly stored and that he sold it in the same state as he purchased it...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 26(3), 21 -- Unauthorised occupant (trespasser) - Not entitled to be put in possession of land by Consolidation Officer - A mere trespasser cannot be treated as encumbrancer as envisaged under Scheme of Consolidation - Word 'encumbrancer' has to be read in the legal sense of a legal..........
