Agreement to sell -- Specific performance - Limitation - Three years - Limitation of three years star running from the date plaintiff has notice of refusal of performance by defendant. (Limitation Act, 1963, Art.54)..........
Agreement to sell -- Specific performance - Limitation - No time fixed for performance - Period of limitation of three years starts to run from the date plaintiff has notice of refusal of performance for the first time...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Notice and hearing of de facto complainant - Court need not issue a notice to de facto complainant suo motu or direct accused to implead a de facto complainant in a bail application except in cases in which Criminal Procedure Code and other Acts insist so or bail court feel that de facto complainant is also to be heard..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand to make payment within seven days - Statutory notice not fulfilling the requirements of S.138(c) of the Act - Complaint quashed...........
Maharashtra Regional and Town Planning Act, 1966, Section 127 -- Lapsing of reservation - Land reserved for construction of shopping complex - Appellants purchased property in 2006 - Land was reserved under original final development plan in 1984 which was revised in 2012 - Appellant purchased the land apparently knowing that property was subjected to reservation - There..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Criminal Procedure Code, 1973, Section 203 -- Dismissal of complaint u/s 203 Cr.P.C - Magistrate did not consider it necessary to proceed on police report u/s 173(2) as accusations were false and issued notice to complainant as to why final report by police be not accepted - Complainant filed protest petition which was registered as a complaint case - Magistrate after..........
Rent and Eviction -- Rent deed - Registration - Rent payable monthly - There is presumption that tenancy is monthly tenancy - From cumulative reading of rent note the intention of tenant is more than clear that tenancy was only monthly tenancy, which could have been terminated on default of payment of rent by 5th day of any month or by notice of one month - Rent deed did..........
Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Rule 7 -- Determination of market value - Fixation of timeline of 3 months for Collector to pass an order determining market value of properties and duty payable on instrument from first notice is directory in nature...........
Electricity -- Previous electricity dues of last owner - Liability of purchaser - Property sold on `as is where is, whatever there is and without recourse basis' - Where in E-auction sale notice, existence of electricity dues whether quantified or not has been specifically mentioned as liability of purchaser and sale is on `as is where is, whatever there is and without..........
