Registration Act, 1908, Section 17,32, 34A -- Appellant purchased plot vide registered sale deed - Appellant put into possession of said plot - Subsequently vendor unilaterally cancelled sale deed executing cancellation deed and same was registered without notice to appellant - Held, it is only when sale deed is cancelled by a competent court that cancellation deed can be..........
Agreement to sell -- Specific performance - Discretionary relief of specific performance - Court is not bound to grant such relief merely because it is lawful to do so - Such a relief is granted when it is equitable - While exercising discretion, Court to take into consideration the circumstances of the case, the conduct of parties and their respective interests under the..........
Agreement to sell -- Specific performance - Discretionary relief of specific performance - Court is not bound to grant such relief merely because it is lawful to do so - Such a relief is granted when it is equitable - While exercising discretion, Court to take into consideration the circumstances of the case, the conduct of parties and their respective interests under the..........
Punjab State Election Commission Act, 1994, Section 77, 80 -- Election petition - Necessary parties - Election when sought to be void then all the returned candidates are required to be impleaded - In case there is claim that he or any other candidate be declared elected in place of returned candidate then all contesting candidates are also required to be impleaded -..........
Wakf Act, 1954, Section 56 -- Lease of land by Wakf Board - Lessee allowed to raise construction after the execution of lease deed - Board accepted rent at a revised rate from lessee even after the expiry of lease period - Held, lease deed not void - There was implied consent of Board to the lease executed by the Secretary to the Board - The action of the Secretary stood..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Sale in violation of attachment order - Sale is void...........
Civil Procedure Code, 1908, Section 100, Limitation Act, 1963, Section 3 -- Second appeal - Substantial question of law - Suit filed after 10 years of the date of cause of action accrued - The impugned order passed on 30.8.1976 and suit was filed on 3.10.1986 - The plea of limitation as raised on behalf of the State was brushed aside on the ground that limitation would not..........
Hindu Marriage Act, 1955, Section 16 -- Illegitimate child - Ancestral coparcenary property - A child born of void or voidable marriage is not entitled to claim inheritance of ancestral coparcenary property - He is entitled to claim share only in self acquired property of his father...........
Hindu Marriage Act, 1955, Section 5(iii), 11, 12, Prohibition of Child Marriage Act, 2006, Section 3, 9, 12(a), 18 -- A widower aged 40 married a poor and illiterate girl aged 17 years with her consent - Held, marriage in violation of Prohibition of Child Marriage Act, though invalid is not void under civil law - However, direction issued that girl, till she attains the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Suppression of material facts - Complaint maintainability - The complainant not only misrepresented but also gave a mis-description of the value of plant and the building in order to obtain benefits available under IAR policy - The nondisclosure or misdescription of the facts particularly..........
