Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979, Contract Act, 1872, Section 70,73 -- Regulation 6 - Housing - Flat - Allotment under discretionary quota - On the date of application for registration the respondent having no house in her name - Allotment of flat vide letter dated 21.3.1991 but before that she acquired house in the..........
Hire purchase -- Truck - Total amount payable by complainant along with interest came to Rs. 5,68,948 - The margin money of Rs. 97,000 paid by complaint and also paid Rs. 87000/- by way of instalment to the appellant - The truck repossessed for non payment of installment and sold for Rs. 4,25,000 - Thus bringing the total of Rs. 6,09,000 on the credit side - The total..........
Civil Procedure Code, 1908, Order 32, Rule 15, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Sale deed - Cancellation - Sale deed executed by a person of unsound mind at throw away price - Sale deed quashed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Allegations of fraud - Setting aside of - `Res ipsa loquitur' - One cent land was sold for Rs. 18000/- vide sale deed dated 4.9.1982 - Three cent land allegedly sold for a sum of Rs. 1000/- vide sale deed dated 11.7.1983 - Unconscionable transaction - Sale deed dated 11.7.1983 liable to be set aside...........
Land Acquisition Act, 1894, Section 18, 23 -- Determination of market value of acquired land - Auction sale - Element of competition in auciton sales - Makes them not safe guides while determining the compensation payable - High Court rightly discarded auction sales...........
Stamp Act, 1889, Section 47A(2) -- Under valuation of instruments - Sale deed - Collector directed vendees to make good deficiency of stamp duty - Appellate authority confirmed said order - Writ petition - Provision of Sec. 47-A (2) mandates the Collector to hold an enquiry and give an opportunity of hearing to the parties before coming to conclusion - Collector's order..........
Civil Procedure Code, 1908, Order 21, Rule 90, Civil Procedure Code, 1908, Order 34, Rule 5 -- Suit for recovery of money enforcing mortgage rights - Execution - Auction sale of mortgaged property - Objections filed U.O.21.R.90 dismissed - During pendency of appeal thereagainst decretal amount deposited - Held, right of Judgment debtor to get property redeemed is not lost..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Maharashtra Control of Organised Crime Act, 1999, Section 3(2), Indian Penal Code, 1860, Section 107 -- Bail - Conspiracy to commit, to abet, to knowingly facilitate the commission of an organised crime, namely, the printing and sale of fake stamp papers - Deliberate..........
Land Acquisition Act, 1894, Section 11 -- Land acquisition - Compensation - Rates fixed for sale of smaller plots - No prohibition to award compensation on basis of sale of smaller plots for awarding compensation for larger extents - Normally, when larger extents are involved in an acquisition, it will be more prudent to rely on sale deeds of larger extents and not to base..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Reference Court enhanced compensation - High Court set aside the same and restoring the original award not relying of sale instances of small extents in assessing compensation payable - Held, High Court not in error...........
