Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Sale of 2 properties took place between parties - Cheque which is subject matter of the case was issued in respect of only one of the properties and transfer of money which had taken place was in respect of another property - Even, belated plea which has been taken is insufficient to overcome the..........
Lease/Tenancy -- Surrender of tenancy - Twin conditions that make a valid surrender of tenancy are not fulfilled - Neither landlord nor persons who purchased land from her pleaded or proved that notice in writing was issued to them by tenant followed by inquiry conducted by Special Officer culminating in an order accepting such alleged surrender - Findings of district..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit property was purchased by petitioner even prior to filing of suit - Plaintiff has sought relief of permanent and mandatory injunction against owner of disputed property - Suit cannot be decided without impleading petitioner who is owner of property in dispute on the date of filing of suit before..........
Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
West Bengal Municipal Act, 1993, Section 217, 218 -- Demolition of construction - Appellant purchased ground floor of property in dispute - Dispute pertains to right of respondent no.3 in making construction on roof of first floor in which he resides - Any dispute relating to that right has to be decided by Civil Court - No interference warranted in order of High Court...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 21, 25 -- Bail - Recovery of cocaine, ganja, charas and supporting materials - Quantity of ganja and charas seized is small quantity whereas, quantity of cocaine seized is intermediate quantity - Rigors of S.37 of NDPS Act thus, not attracted - Traces of cocaine is..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Purchaser from mortgagor is entitled to redeem the share of the land purchased by him but on payment of entire mortgage amount...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption sought by transferee mortgagor - Extinguishment of right to redeem - Decree of foreclosure passed in a suit filed by mortgagee will not extinguish right of mortgagor to redeem land because he was not impleaded as a party in suit though he had purchased part of mortgaged property by virtue of registered..........
Transfer of Property Act, 1882, Section 67 -- Mortgage - Decree for foreclosure - Non-impleadment of purchaser who purchased property from mortgagor before filing of suit for foreclosure, renders decree for foreclosure as non-est and void...........
