Indian Penal Code, 1860, Section 463 -- Forgery - To constitute the offence of forgery, it is necessary that the false document must be made with the intent to cause damage or injury to the public or any person or to support any claim or title or to cause harm to any person to part with property or to enter into any express or implied contract or with intent to commit..........
Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 19A -- Mere depositing of rent udder S.19-A does not amount renouncing character as a tenant or denial of title of landlord...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Banking Service - Loan transaction - The complainant deposited title deeds and secured loan and that he also paid interest - Failure or inordinate delay on the part of the Bank in returning the documents to its customers when no loan is outstanding would amount to deficiency in service - The complainant held..........
Banking service -- Loan transaction - Equitable mortgage created by appellant after deposit of title deeds - Delay in delivery of documents after he discharged the loan - Held that mere delay in delivery of the documents by the Bank to the customer will not always amount to deficiency in service - Complainant failed to establish if any loss sustained by him in getting back..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Applicant seeking to be impleaded as a party on assertion that he is owner in possession of the suit property - Held, in a suit for specific performance for settling the questions involved in the suit presence of strangers is not necessary - It is not even proper - A..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issue of tile in a suit for injunction - Defendant asserted in written statement that he has perfected his title by adverse possession - When a specific averment as to adverse possession is made in written statement issue as to title cannot be ignored - However it is for the Court to record a finding as to whether the said..........
Civil Procedure Code, 1908, Order 41, Rule 22, Specific Relief Act, 1963, Section 34 -- Declaration of title and possession - Decree - Objection to - Defendant's husband had received properties situated in three out of five survey numbers in oral partition - Other heir received properties in three Survey Number - Sold the same - Categorical admission by plaintiff that..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- In earlier suit title upheld but prayer for injunction rejected as possession was not found - Subsequent suit for recovery of possession with mesne profits - Held, cause of action in both the suit is different - Second suit is not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Title suit on the basis of sale deed - Specific denial by defendant - Execution of sale deed itself in dispute - Issue regarding execution of sale deed - Court ought to frame the issue regarding proof of execution of sale deed...........
Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami - Burden of proof - Rests on the person asserting it to be so - Nature of possession of the property after purchase, the motive, if any, for giving the transaction a benami colour, position of the parties and their relationships, custody of the title deeds after the sale and the conduct of the parties..........
