Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deed - Deduction of 60% from market value of a sale deed - There was no detailed discussion either by Reference Court or Appellate Court by taking into account relevant factors for making deduction of 60% from market value of a sale deed which was executed - Impugned order of..........
Wakf Act, 1995, Section 37, 42 -- Appointment of Mutawalli - Dispute regarding acceptance of change report and making necessary entries in register - Objections regarding no, consideration was raised by some of private respondents and some other persons - Even, Board accepted change report in violation of order of High Court though that change report is placed in disputed..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments contained in plaint are to be looked into while considering application U.O.7.R.11 CPC - Any defence taken in written statement cannot be examined - Impugned order of rejecting application U.O.7.R.11 CPC set aside - Matter remanded for fresh consideration...........
Transfer of Property Act, 1882, Section 53A -- Part performance - If there is a contract in writing between the parties for consideration and terms necessary to constitute transfer can be ascertained with reasonable certainty and the transferee has, in part performance of contract, taken possession of property or the transferee being already in possession, continues in..........
Indian Penal Code, 1860, Section 498A, 406, 323, 354, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Quashing of proceedings - Plea that FIR was lodged as a counter blast to filing of divorce petition - Filing of divorce petition or petition u/s 9 of Hindu Marriage Act cannot be taken into consideration to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Cheque clearly bears signature of petitioner - Petitioner was not a Director at the time of signing of cheque or same is without consideration cannot be evaluated, appreciated or decided at this stage which requires recording of oral and documentary evidence which can be..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
Registration Act, 1908, Section 17 -- Power of attorney - Registration - There is no prohibition for registration of General Power of Attorney which is not for any consideration and does not purport to create any interest in the property in favour of the constituted attorney...........
Indian Contract Act, 1872, Section 65 -- Sale - Once sale is declared bad, transaction of sale fails and therefore, seller has no right to retain sale consideration with himself and has to refund sale consideration to buyers...........
