Land Acquisition Act, 1894, Section 23, Punjab Town Improvement Trust Act, 1922, Section 36, 42, 65 -- Determination of market value - Belting system - Collector divided land into five categories and awarded separate compensation for each category - Belting system applied by Collector, upheld by the reference Tribunal - No material to arrive at a conclusion that different..........
Transfer of Property Act, 1882, Section 58, Registration Act, 1908, Section 58, 60 -- Mortgage deed or deed executed by way of security - Endorsement of Sub Registrar as to passing of consideration not rebutted - Inspite of the sufficient gap of time in between the registration of document and filing of suit no steps taken either to get the document cancelled or to bring..........
Transfer of Property Act, 1882, Section 60 -- Clog on redemption - Mortgage of a house for a period of 58 years - Held, that mortgagor had a statutory right of redemption - Right of redemption is an incident of subsisting mortgage and it 'subsists so long as the mortgage subsists' - Restriction on the mortgage deed would amount to clog on the right of redemption and cannot..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Consumer Protection Act, 1986, Section 2(1),(r), Motor Vehicles Act, 1988, Section 3(3) -- Unfair trade practice - Car - Maruti Zen - One-time life tax - Rs. 14,000/- charged by Authority taking unladen weight as 730/- kgs. - Demand raised by Authority of Rs.4,800/- on ground that actual unladen weight of Maruti Zen Car was 755 kgs. - Explained by petitioner-OP that at the..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Period mentioned falling short of the prescribed period - Suit filed after expiry of period mentioned in the provision - Notice not invalid...........
Transfer of Property Act, 1882, Section 106 -- Notice - A quit notice must be construed not with a desire to find faults in it, but it must be construed in a common sense way...........
