Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Out of 120 kanals 16 marls of land agreed to be sold, sale deed for 103 kanals 16 marlas of land was executed and it was only 16 kanals 19 marlas of land which remained for which certain dispute arose - Civil suit for specific performance pending - FIR quashed...........
Punjab Pre-emption Act, 1913, Section 15(1), (2) -- Claim for superior right of pre-emption - Plaintiff filed suit to pre-empt sale made by vendor in favour of defendant by claiming himself to be related to vendor and being co-sharer - Plea of vendor that he and his sister were jointly owners of half of suit land and also plaintiff cultivating separately - Vendee has..........
Consumer Protection Act, 1986, Section 11(2) -- Territorial jurisdiction - Cause of action - Exclusion of jurisdiction - Cause of action arose at Bilaspur (H.P.) - Plea of respondent No.1 that Clause 11 of the terms and conditions of sale provided that the Court situated at Coimbtore city alone shall have the jurisdiction to try all or any dispute exclusively to the..........
Stamp Act, 1899, Section 47(a)(ii)(iii) -- Sale deed - Under valuation - Land was infact sold at Rs.7.26 lacs per acre whereas stamp duty was paid at the rate of Rs.3.00 lacs per acre - Deputy Collector issued show cause notice - Deputy Collector considered the reply of petitioners, agreement to sell as well as report of Sub Registrar & SDM concerned - Deputy Collector..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Housing - Commercial site - Auction sale - Basic amenities lacking - Undeveloped area - Providing of these facilities not mentioned anywhere but it was implied condition otherwise there was no need to justify it by giving explanation about water supply electricity, sewerage, roads etc. - Respondent not willing to construct..........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(f) -- Jeep - Manufacturing defect - Dealers liability - Held that if dealer acts just as an agent of manufacturer, he could not be held liable for the manufacturing defect and liability would be that of manufacturer - In case where independent dealership without there being any agency of the manufacturers, vehicles are..........
Rent and Eviction -- Non payment of rent and personal necessity - Tenant claiming to be the owner of property - Contradictory stand in reply to eviction petition and oral statement - Tenant admitted in reply that there was an agreement for sale of the house between parties which means that tenant admitted that landlord was owner of the property - Tenant not able to..........
Evidence Act, 1872, Section 68 -- Sale deed - Execution - Proof - Requirement of examining at least one attesting witness to prove execution - Not necessary where document, not being will, is registered, execution of which by person by whom it purports to have been executed has not been denied - Held, merely because person who had executed sale deed had denied vendee's..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- At the time of filing execution petition one of the J.D's was not alive and his L.R's not impleaded - Auction sale - Sale can be challenged u/s 47 CPC it being a pre-sale illegality - Not necessary to file an application U.O.21.R.90 CPC...........
Land Acquisition Act, 1894, Section 23 -- Determination of Market value - Reliance on small plots of land - Large tract of land acquired - Acquired land situated in a developed area - Registered sale deed of small area relied upon by claimants - Compensation awarded by relying upon the sale deed, after making 35% deduction for amenities - No fault can be found with the..........
