Madras High Court (Original Statement) Rules, 1956, Order 36, Rule 9 -- Letter Patent (Mad), Cl.15 - Grant of leave - Revocation - Defendant seeking revocation of leave granted to plaintiffs on the ground that suit property is situated outside jurisdiction - Maintainability of suit - Admittedly, agreement for sale was executed only within jurisdiction of this Court and..........
Easements Act, 1882, Section 13 -- Easement - Easement of necessity is coextensive with land severed and would always run with land as an incident and would remain dormant whenever there is an alternative way and would come into play whenever an absolute necessity comes out...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of two Courts - Suit for permanent injunction - Claim of plaintiffs is based on registered Will executed by `K' in their favour - However, concurrent findings of two Court below that plaintiffs failed to established that said `K' was ever owner of property and he had a right and title vested..........
Indian Penal Code, 1860, Section 420, 406, Information Technology Act, 2000, Section 66D -- Cheating - Settlement - Quashing of FIR - Dispute was regarding parcel of land which complainant had purchased by registered sale deed - Settlement arrived at between parties - Dispute is private and personal in nature - Continuance of proceedings would lead to wastage of precious..........
Bihar State Housing Board Act, 1982, Section 28, 45, 51 -- Bihar State Housing Board (Management and Disposal of Housing Estate) Regulations, 1983 - Regn.7 - Allotment of plots - Powers of Board - Hire purchase agreement was entered thereafter plot was handed over to petitioner - Since adjacent land to plot of petitioner on western side was lying vacant and was of no use..........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Indian Penal Code, 1860, Section 420, 323, 504, 506 -- Cheating - Quashing of order framing charge - Dispute regarding purchase of land - Accused and his family members approached informant for purchase of his land and informant agreed to purchase the same - After execution of agreement of sale, accused did not deliver documents required for execution of sale deed to..........
Power of Attorney Act, 1882, Section 2 -- Special Power of Attorney - In relation to the properties/land owned by the executor - Special Power of Attorney covers the properties owned by the principal as on date of its execution and does not cover or extend to properties purchased by executor on a later date...........
Agreement to Sell -- Suit for specific performance - No saleable rights existed in favour of defendant in the land agreed to be sold - Relief of specific performance rightly denied...........
Maharashtra Regional and Town Planning Act, 1966, Section 127 -- Lapsing of reservation - Land reserved for construction of shopping complex - Appellants purchased property in 2006 - Land was reserved under original final development plan in 1984 which was revised in 2012 - Appellant purchased the land apparently knowing that property was subjected to reservation - There..........
