Power of Attorney Act, 1882, Section 2 -- Special Power of Attorney - In relation to the properties/land owned by the executor - Special Power of Attorney covers the properties owned by the principal as on date of its execution and does not cover or extend to properties purchased by executor on a later date...........
Maharashtra Regional and Town Planning Act, 1966, Section 127 -- Lapsing of reservation - Land reserved for construction of shopping complex - Appellants purchased property in 2006 - Land was reserved under original final development plan in 1984 which was revised in 2012 - Appellant purchased the land apparently knowing that property was subjected to reservation - There..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Accused purchased the plot in question for an amount which was well beyond his known source of income - Defence as produced by accused that plot in question does not belong to him is not tenable and is worthy of reliance - Prosecution duly established the fact..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Suit for declaration - Both the parties claiming ownership and possession of suit land - Plaintiff failed to produce any document on record to establish identity of suit land which was described by him in site plan annexed with sale deed - Defendant on the other hand placed a copy of demarcation report..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Hindu Law -- Joint family property - Plaintiff alleges that property in dispute was purchased with sale consideration derived from sale of ancestral Joint Hindu Family Property - However, plaintiff has not lead sufficient evidence to prove the same - Even sale deed through which father of plaintiff purchased suit property has not been produced - It is not known as in how..........
Hindu Law -- Joint Family Property - Burden to prove - Burden lies upon person alleging existence of joint family to prove that property belongs to joint Hindu family unless there is material on record to show that property is nucleus of joint Hindu family or that it was purchased through funds coming out of this nucleus. (Evidence Act, 1872, S.102)...........
