Indian Penal Code, 1860, Section 467,468, 120B -- Co-owners/co-sharers - Sale of share in the joint land and not a sale of any specific khasra numbers - Accused legally sold his share as per entitlement in the joint property to the vendees by means by registered sale deed - Question of committing any offence u/ss 467, 468 and 120-B IPC does not arise at all...........
Registration Act, 1908, Section 81,82 -- of Registration Act if all the essential ingredients contained therein are complete and not otherwise - A person can be prosecuted under the provisions of ,Ss. 81 and 82 - Allegation of selling sale by co-sharer of specific khasra numbers and in the sale deed it was mentioned that no civil suit is pending nor there is stay from the..........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift - Applicability to Mohammedan Law - Rules of Mohammedan Law regarding gifts are based on reasonable classification - S.129 of the Act exempting Mohammedans from certain provisions of T.P., Act is not hit by Art.14 of the Constitution...........
Transfer of Property Act, 1882, Section 122,123,124,125,126,127,128,129 -- Gift deed - Gift deed executed by Mohammedan is not instrument effecting, creating or making of gift - Such writing is not a document of title but mere piece of evidence - S.129 of T.P.Act preserves rule of Mohammedan Law and excludes applicability of S.123 of T.P. Act to a gift of an immovable..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2, Specific Relief Act, 1963, Section 39 -- Ad interim mandatory injunction - Grant of - Petitioner only sought enforcement of an obligation contained in lease agreement - There is no question of enforcement of lease deed by way of application for ad interim mandatory injunction brought by petitioner - Petitioner is running with..........
Hindu Succession Act, 1956, Section 14(1) -- Immovable property - Right of widow - `J' acquired suit property vide compromise deed dated 30.12.1953, as right of her maintenance, in recognition of her pre-existing right - Held, her right became absolute and she became full owner of suit property, in view of provision of S.14(1) of the Act of 1956 - S.14(1) of the Act of..........
Agreement to sell -- Suit for specific performance - Ready and willing - In Para No.6 of the plaint it was mentioned that plaintiff have always been ready to pay the balance consideration amount and in Para No.7 it was mentioned that plaintiffs have always been ready and are still ready to get the sale deed executed after paying the balance amount - Held, there is..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Plaintiff or her husband is not a party to the sale deed in question - Held, it is not necessary for plaintiff to get it cancelled as she or her husband is not bound by it...........
Civil Procedure Code, 1908, Order 21, Rule 1(b) -- Execution - Execution of sale deed - Payment of the suit amount paid in accordance with O.21.R.1(b) CPC and evidence in writing of J.D. - Execution petition cannot be dismissed - Execution application restored to the file of the Executing. Court...........
Transfer of Property Act, 1882, Section 107 -- Lease - Option of extension - Merely because there is an option entitling an extension of lease period, the same would not automatically mean that tenant would become a tenant for the fresh period of the option - It is necessary that a proper registered lease deed, for the fresh/new period for which the option is sought to be..........
