Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash &..........
Land Acquisition Act, 1894, Section 4, 6, Forest (Conversation) Act, 1890, Section 2 -- Forest Land - Notification for acquiring land - Challenged - Relying on Apex Courts judgments in Supreme Court Monitering Committee (1997) 11 SCC 605 & T.N. Godawarman Thirumulkpad etc. AIR 1997 SC 1228 it is contended that land developed as forest could not be used for other purpose..........
Registration Act, 1908, Section 17(1)(b) -- Consent decree - Registration of - Transfer of immovable property of more than Rs.100/- in value - No evidence on record to show any family settlement between parties to decree - Decree complusorily registrable - Not registered - Decree not recognisable in the eye of law - Bhoop Singh's case AIR 1996 SC 196 relied...........
Transfer of Property Act, 1882, Section 60, 62 -- Redemption of Mortgage - Limitation - Suit for possession by way of redemption -Mortgagor asserting mortgage of property effected vide Mutation dated 19-2-1919 - Exact date of mortgage not known/disclosed - Suit filed within 7 years of commencement of Limitation Act - Onus to prove suit beyond limitation on mortgagee -..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Money decree - Recovery of amount payable in foreign exchange - Selection of proper date for fixing rate of exchange at which foreign currency amount has to be converted into currency of country in which action commenced & decided - Dates are - (i) Date on which amount became due & payable (ii) Date of commencement of action..........
Evidence Act, 1872, Section 114 -- Illus. (e) - Dispute as to the correctness of statement recorded in judgments and orders of Court - Settled principle of law that Courts bound to accept statements recorded in judgments and order as to what transpired in Courts - Party disputing correctness of statements recorded must call the attention of the Judge, when the matter is..........
Representation of the Peoples Act, 1951, Section 94, 95 -- Secrecy of voter - A voter cannot be compelled to disclose to whom he has voted for - Bar u/s 94 not absolute - If a voter witness wishes to declare voluntarily the status of his vote, he is entitled to do so. Gurcharan Singh Tohra's case, AIR 1980 SC 1362 relied...........
Capital of Punjab (Development and Regulation) Act, 1952, Chandigarh Lease Hold of Site and Building Rules, 1973 -- Allotment of plots - Resumption Order - Dispute regarding charging of interest on instalments and ground rent and non payment thereof and penalty for delayed payment - Reling on M/s Shanti Kunj's case JT 2006(3) SC 1, writ petitions disposed of with..........
Specific Relief Act, 1963, Section 34 -- Permanent injunction - Plaintiff recorded in possession in jamabandi from 1971-72 to 1996-97 - Defendants reflected in possession in khasra girdawari for Kharif 1995 to Rabi 2000 - Reliance cannot be placed on entries in khasra girdawari - Entries in jamabandi carry presumption of correctness - Plaintiff in established possession,..........
Land Acquisition Act, 1894, Section 23(1)(a) -- Benefit of additional amount - Award of LAC dated 4-8-1981 - Land owners not entitled to additional amount u/s 23(1)(a) of the Act, as the award of LAC is prior to 23.4.1982 - K.S. Paripoornan's case AIR 1995 SC 1012 relied...........
