Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Correction of khasra number can be effected if there is no dispute of identity of suit property...........
Indian Penal Code, 1860, Section 406, 420 -- Cheating and criminal breach of trust - For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention..........
Punjab Pre-emption Act, 1913, Section 3(3), 8(2) -- Right of pre-emption - Urban immovable property located in a municipal area of Haryana - Notification of 1985 provides that right of pre-emption shall not exist in respect of sale of land falling in the areas of municipalities in Haryana - Land and immovable property are two different terms - Notification limits its..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Property under unlawful possession of defendant - Failure to seek declaration and recovery of possession is a legal hurdle in grant of any relief to a suitor - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, permanent injunction and recovery of possession - When plaintiff has sought for declaration of title, permanent injunction and recovery of possession, plaintiff has to establish his title in respect of one acre of land, which was specifically identified as portion of property which according to him..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Plaintiff contended that one acre of land settled in his favour by his father and it was encroached by defendant - However, plaintiff failed to measure and identify the one acre of land gifted to him under settlement deed - Without doing the same, filing of suit by plaintiff by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Succession Act, 1956, Section 8 -- Rejection of plaint - Suit for declaration that relinquishment deed is null and void - Grandson has no right in the suit property during life time of his father - Plaint rejected...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 24 -- Property of senior citizen - Eviction of son - Mother was residing in suit property after demise of her husband - No material on record that mother has any other independent premises where she can otherwise stay - Son entered the premises visiting mother and later on refused to remove himself..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of brother - Senior citizen/respondent is aged about 64 years and is handicapped - Petitioner who is her brother threatened to kill her - Respondent is owner of property as declared in suit for declaration filed by her - No decree for possession was passed..........
