Specific Relief Act, 1963, Section 38, 41(h) -- Injunction - Co-sharers - Restraining defendant from raising construction and alienating specific portion - Plaintiff has equally efficacious remedy of partition - Suit for injunction is not maintainable...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........
Tender -- Bid for construction of road - Dispute regarding distance of `Hot Mix Plant' owned by bidder from last point of working as per tender conditions - Where the issue does not relate to strict construction of territorial jurisdiction, it is always open for decision making authority to have a report from independent authority to arrive at just decision, particularly..........
Indian Penal Code, 1860, Section 420, 406, 447 -- Cheating - Complainant alleges that accused has encroached his property and put up construction and thereafter he accepted encroachment and also promised to pay cost of land or provide alternate site but he failed to fulfil the promise - However, no material on record to prove that there is an encroachment by accused - Even..........
Insolvency and Bankruptcy Code, 2016, Section 7(1) -- Allottees of real estate project - Single allottee trigger Code and other allottees of flats/apartments who do not want refunds but want construction so they may occupy and live in their flats/apartments - Allottees of project in question can either join together u/S.7(1) explanation of Code, or file their own..........
Insolvency and Bankruptcy Code, 2016, Section 5(8)(f) -- Financial debt - Interpretation of clause - Clause does appear to be a residuary provision which is "catch all" - Clear from words "any amount" and "any other transaction" which means that amounts that are "raised" under "transactions" not covered by any of other clauses, would amount to a financial debt if they had..........
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to adjustment at the time of partition - Raising construction or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action accrued to plaintiff though not disclosed meticulously in plaint, but upon meaningful construction of averments, plaintiffs have made endeavor to plead in plaint that cause of action has accrued to them on various dates in terms of averments made in plaint - Plaint discloses cause of..........
Stamp Act, 1899, Section 47A -- Deficiency of stamp duty - Determination of market value of property - Subsequent construction or change of position of land cannot be a ground for determination of `market value' of land for purpose of stamp duty...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Rent and eviction - Bonafide requirement for carrying out re-building and reconstruction - Landlord duly proved on record his sanction plan - Even, there is no dispute that landlord has necessary means for carrying out construction - Moreover, in present era of liberalised economy it is not very difficult to..........
