Agreement to sell -- Specific performance - Unfair advantage - Where a money lender having an unfair advantage over borrower/marginal farmer entered into an agreement to sell qua immovable property with him, he cannot in discretion of Court be entitled to decree of specific performance. (Specific Relief Act, 1963, S.20)..........
Criminal Procedure Code, 1973, Section 102 -- Seizure/attachment of immovable property - Power of police u/s 102 Cr.P.C. - Where I.O. has reasonable material to belief that immoveable property is acquired from ill-gotten money and said property is required to be saved/protected from being alienated during pendency of case, he is at liberty to take appropriate steps in..........
Registration Act, 1908, Section 17 -- Civil Court decree - Registration - Any decree which creates, for the first time, the right, title or interest in the immovable property, requires compulsory registration...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Rule of lis pendens applies only in a case where any right to immovable property is directly and specifically in question...........
Transfer of Property Act, 1882, Section 122, 123, Registration Act, 1908, Section 17 -- Gift deed - Gift of immoveable property must be affected by a registered instrument - Merely on execution of an unregistered document titled gift, a gift of immovable property cannot be said to be complete...........
Agreement to sell -- Specific performance - Time as essence of contract - In transactions pertaining to immovable properties, normally time should not be treated as essence of contract - Mere incorporation in written agreement of a clause imposing penalty in case of default does not by itself evidence an intention to make time of the essence...........
Criminal Procedure Code, 1973, Section 154, 156(3) -- FIR - Can be lodged by private person against wrongs done by another private person regarding immovable property belonging to Government - Order of summoning of accused on basis of said FIR affirmed...........
Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3 -- Application for allotment of plot - Dismissal of application - On the ground of non-payment of market fee for two financial years - None of the order, however, taken into consideration the proceedings of the 193th meeting - Even, as per judgment of Supreme Court, it is contended..........
Punjab Agricultural Produce Markets Act, 1961, Section 18, 43(2)(1)(vi), Haryana State Agricultural Marketing Board (Sale of Immovable Property) Rules, 2000, Rule 3(1)(iv) -- Application for allotment of plot - Challenging allotment offer at reserve price - Rejection of application on ground of non-fulfillment of eligibility condition - No findings that initial rejection..........
Service Tax -- Leviability - Liability to pay tax - Tax levied on service may be collected either from service provider or recipient of service - In the instant case, taxable event was provision of service of renting out immovable property - Thus, in this case taxable person liable to pay tax is the service provider i.e. lessor...........
