Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Disobedience and violation of order of Court - Sale deed executed and entire consideration paid before order of restraint - However, sale deed executed after passing of restraint order - It is the date of registration of document which is crucial inasmuch as transfer is effected and title passes only upon..........
Transfer of Property Act, 1882, Section 54 -- Sale - Expression `only' in S.54 of the Act is significant - Transfer comes into effect and becomes valid and effective only by a registered instrument - Date of registration of document is crucial in as much as transfer is effected and title passes only upon registration...........
Adverse possession -- Absence of plea in written statement - There is no question of defendant having perfected his title by way of adverse possession to the knowledge and hostile to the true owner...........
Adverse possession -- Long duration of possession does not automatically assign the ownership by way of adverse possession - Assertion of title adverse to the real owner has to be proved by clear and unequivocal assertion - Mere long duration of possession does not assign ownership by way of averse possession...........
Transfer of Property Act, 1882, Section 54, 55 -- Sale deed - Price or part thereof not paid - Title would pass provided intention of parties was that title should pass on execution and registration - Parties must intend not only to transfer the ownership in property but also that price would be paid either in present or in future - However, intention of parties is to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Bengal Finance (Sales Tax) Act, 1941, Section 4(6)(iii), 5(6a) -- Exim Scrips - Sale of - Initial issue or grant of scrips is not treated as transfer of title or ownership in the goods - Therefore, as a natural corollary, it must follow when the RBI acquires and seeks the return of replenishment licences or Exim scrips with the intention to cancel and destroy them, the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Haryana Agriculture Produce Markets Act, 1961, Section 6, 8, Constitution of India, 1950, Article 226, 227 -- Shifting of Market - Preference allotment - Union have no vested right to allotment of sheds on preference basis, as they are not having any title over place, where they are allegedly doing business of commission agent for last more than 25 years - Obtaining of..........
