Benami Transactions (Prohibition) Act, 1988, Section 2(a), 4(2) -- Property transferred to `A' but consideration paid by `B' - No reference abut intention of parties made in sale deed - Such transaction becomes `Benami' - In such situation defence based on any right in respect of such property - Not permissible in view of S.4(2)...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2 (f), 2,(i) 3, & 4 (7) -- On the day the Act came into force, there is deemed to be notional partition amongst the members of the undivided Hindu Family - For ascertaining excess land held by such persons, each sharer shall be deemed to hold one unit separately...........
Agricultural and Rural Debt Relief Scheme, 1990, Section 2(d), 2(g) -- Benefit applies to a loan taken after Ist April 1986 and is an agricultural loan...........
Stamp Act, Section 35, 2 -- Photostat copy of unstamped receipt - Cannot be validated by payment of penalty as it is only the original which if unstamped or insufficiently stamped can be validated by payment of stamp duty and penalty and if original is lost penalty cannot be levied...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- States quo - Meaning - Means parties should maintain the position as it stands on date of direction to maintain `status quo' and not on date of institution of suit...........
Civil Procedure Code, 1908, Section 144, 151, Order 39, Rule 1, 2 -- Restitution of possession - Application can be filed by a person who was dispossessed from his lawful possession of his property invoking inherent powers of court - Such an application can be filed even in proceedings under Rules 1 and 2 of O.39 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Rules 1 & 2 of Order 21 are mandatory - payment made outside court - Neither certified by decree holder nor the same proved before the execution court as required by Rule 2 of Order 21 - Payment made outside the court cannot be said have been paid in satisfaction of the decree...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issue of res-judicata - Not an issue of law - Cannot be treated as a preliminary issue...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff coming into possession of plot without depositing 3/4th of balance bid amount - Injunction sought retraining defendant from reauctioning of plot and from dispossessing - Order of courts below declining injunction upheld...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Pecuniary jurisdiction of court - Cannot be treated as preliminary issue...........
