Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of - Injunction order passed restraining defendant from putting up construction on item Nos.1, 2 properties - Plaintiff conceded execution of release deed by sisters and sister's son in favour of defendant - Under such circumstances plaintiff getting half share is bleak - Even if plaintiff's..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud and misrepresentation - Respondent admits that there were debts which were paid off by appellant No.1 and he also admits that he was taken to the Municipal Office and signed once outside the Municipal Office and once inside the Municipal Office and that his wife accompanied him - With such facts are on record,..........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Plea that document was never intended to be acted upon and document is a sham - Such question arises when one party asserts that there has been a different transaction altogether than what is recorded in the document - It is for that purpose oral evidence is admissible...........
Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deeds - Even a sale deed of comparable sales of small areas also can be considered by giving suitable deductions while fixing market value...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Comparable sale deeds - Land acquired in the year 1991 - Sale deed of the year 1990 can be said to be comparable instance having regard to proximity from time angle as well as proximity from situation angle - Mere fact that comparable sale deed is related to small areas, it cannot be said that..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Gift deed in favour of son - Irrespective of any condition regarding providing to the transferor the basic amenities, the transferee would be bound to maintain the transferor...........
