Mineral Concession Rules, 1960, Rule 37(1A) -- M/s.Dalmia committing serious violations of S.2 of Forest Conservation Act, 1980 while carrying out first renewal of lease - Subsequently also violating conditions of Stage I ex post facto approval for working the lease - ML 2010 held void ab initio...........
Forest (Conversation) Act, 1890, Section 2 -- Prior approval of Central Government - Any relaxation would be subject to mining lease - S.19 and S.5(1), Proviso - MMDR Act - Mandatory - Mining lease granted originally or renewed subsequently in contravention of the provisions of the MMDR Act or any Rules or any Order made thereunder - A mining lease would be valid only if..........
Mineral Concession Rules, 1960, Rule 37(1A) -- Lease becoming void ab initio for violation of S.2 of the Forest Conservation Act, 1980 as well as Proviso to S.5 of MMDR Act - No question of transfer of leased land...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant - Reference was also made to..........
Transfer of Property Act, 1882, Section 105 -- Lease - Ordinarily, lease rights can be transferred by holder of such right to third party, provided the agreement between owner or lessor and lessee does not provide a condition otherwise...........
Words and phrases -- Title & ownership - Term title and ownership are used interchangeably - But in case of lease holder it cannot be used interchangeably as lease holder has title of a lessee and his title i.e capacity vis-a-vis immovable property is subservient to owner's title, who has absolute right and privilege in respect of property, he owns...........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage - Deposit of title deeds - Lease deed in favour of lessee with certain restrictions and conditions regarding transfer of such interest would not satisfy the requirement of title deed - As an unauthorized transfer cannot result in valid assumption of any right by transferee...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Mesne profits - Tenancy created in the year 1981 - Rent fixed @ Rs.500 p.m - Mesne profits fixed by appellate Authority @ Rs.20,000 p.m, is without any tool bar is not justified and is a fanciful assessment without any registered lease deed having placed on record by landlord - Impugned order of..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - A lease granted for any purpose, be it residential, commercial, manufacturing or agricultural can be made only by a registered instrument if duration of the lease is for the period year to year basis or for any term exceeding one year or reserving a yearly rent - But a lease for the same purpose of a lesser..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Tenancy of immovable property for any purpose other than agricultural or manufacturing created by an unregistered instrument would be deemed to be month to month tenancy even where the tenant has paid annual/yearly rent to landlord...........
