Limitation Act, 1963, Article 113 -- Limitation - Suit for specific performance - Suit land was subjected to acquisition - However, acquisition proceedings came to be quashed and set aside at the instance of plaintiff - Plaintiff thereafter served a legal notice upon defendants calling upon them to execute sale deeds, which came to be refused by reply notice and thereafter..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Longer date - If longer date is fixed for disposal of an application for injunction, it frustrate the main object of it - Purpose of incorporating provision for temporary injunction is not only to protect and preserve the status of the property, but also to protect the rights pending final..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.500 kgs poppy husk - Sample parcels were sealed vide three seal impressions - However, subsequent movement of case property till sample parcels reached office of Chemical Examiner indicates that case property was bearing only two seal impression - It emanates that samples actually drawn at..........
Rent and eviction -- Surrendering of tenancy - Demolition of dilapidated building - Since letter of surrender of tenancy remains unquestioned and document by which a fresh tenancy was allegedly created fails, the legal effect is that the tenancy has been surrendered unequivocally and unreservedly without tenants possessing any further right in respect of property in..........
Registration Act, 1908, Section 17(1)(b), 17(2)(vi) -- Registration - Compromise decree - Compromise decree comprising immovable property other than which is the subject matter of suit or proceeding requires registration, although any decree or order of a Court is exempted from registration by virtue of S.17(2)(vi) of the Act...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Mere reservation of life interest with donor or with wife of donor and a right to encumber property to a specified amount, though amounts to a condition attached with gift, it is only a liability cast upon subject of gift and not a condition which would decide validity of gift...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Expression conditional gift stands for `a condition precedent to effectuate a gift' and not a condition attached with gift or a liability or reservation made therein...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Condition governing factum of gift is a condition precedent and gift would stand as conditional gift...........
Transfer of Property Act, 1882, Section 122 -- Conditional gift - Liability imposed or a reservation made therein in favour of donor should not be understood a condition precedent to effectuate a valid gift...........
Transfer of Property Act, 1882, Section 122 -- Gift - Acceptance of gift - Where property under gift was mutated by donee and he was paying basic tax, it amounts to acceptance of gift...........
