Civil Procedure Code, 1908, Section 47, Order 21, Rule 2 -- Execution - Decree for possession and permanent injunction - Objection filed by JD after issuance of warrants of possession - Objection that compromise arrived at between parties where by DH agreed to transfer her ownership in property in question of JD and payment received therein by JD - Objection rejected, as..........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Agreement to sell - Dominion of property not entrusted to buyer - Property neither of some other person nor accused was holding such property on trust for other person - Non execution of sale deed or no, refund of earnest money - Does not amount to criminal breach of trust...........
Indian Penal Code, 1860, Section 420 -- Cheating - To constitute cheating, fraud/deception has to be practiced by an accused at the time of entering into a transaction to induce person so deceived to deliver any property to any person - Once a transaction takes place between parties, subsequent dispute may amount to breach of contract, but not an offence u/s 420 IPC...........
Agreement to sell -- Specific performance - Property valued at Rs.6 lakhs agreed to be sold for Rs.3.65 lakhs - It is open for the parties to negotiate the said price upwards or downwards - Nothing can be derived from the erroneous assumption that a valuable property had been sold at a throwaway price...........
Transfer of Property Act, 1882, Section 122, 123 -- Unregistered gift deed - Gift deed in question was a conditional unregistered gift deed scribed in an unstamped paper - As per S.123 of the Act, transfer must be effected by a registered instrument signed by or on behalf of donor and attested by at least two witnesses - Even if attesting witnesses had been examined, same..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(4), Transfer of Property Act, 1882, Section 65A -- Secured assets - Delivery of possession - In the instant case, respondent was indicated as a tenant for 15 years after mortgage, without knowledge of mortgagee - Tenant who has been inducted after mortgage..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5(1), 2(2A), 7 -- Eviction - Unauthorized occupant - Respondent was a lessee under appellant for a term of 21 years - Period of lease expired by efflux of time - Before expiry of lease period, there was discussion on question of renewal of lease - Terms proposed by appellant for renewal of lease not..........
Agreement to sell -- Specific performance - Plea that dimensions of property not mentioned in the agreement to sell - Defence of defendants was total denial of agreements of sale and they did not dispute identity of property - Moreover when notice was issued to defendants calling upon them to execute the sale deed, they did not issue any reply to the said notice denying..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title to property can only be incidentally gone into in a suit for injunction and a detailed examination on question of title is normally not undertaken in a suit for injunction, more particularly in an application for temporary injunction - Since both the Courts have concurrently found plaintiffs..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 28 kg poppy husk - Search and seizure - PW3/ASI not prepared inventory at the time of production of case property before Illaqa Magistrate - Provision of S.52-A of the Act thus, not complied with - Accused acquitted...........
