appellant was not entitled to protect his possession claiming benefit of equitable doctrine of part performance enshrined in Section 53-A of the Act. Title in the suit property had not been conveyed in favour of Pishorrilal by executing a registered..
Will is executed when the owner of a property forms an opinion that his/ her estate should not devolve upon the existing heirs according to the law governing intestate succession. When, thus, a person who would have otherwise succeeded to the estate..
there is no necessity to give any notice for the purpose of erection of tower or for making "transmission lines" and therefore, the petitioner is not entitled for the relief as claimed, except the right under Section 10(d) of the Indian Telegraph Act..
gift cannot be obtained by compulsion through a decree of a court and it can only be obtained without consideration. An enforcement of such a gift will be clearly contravening Section 122 of the Transfer of Property Act. The definition of 'Gift' says..
It is now well settled by a catena of decisions of the Supreme Court that it is the creation of an interest in immovable property that distinguishes a lease from a licence. The intention of the parties is the real test for ascertaining the character ..
It is now well settled that an application for grant of probate is a proceeding in rem. A probate when granted not only binds all the parties before the Court but also binds all other persons in all proceedings arising out of the Will or claims under..
Section 17(1)(b) of the Registration Act, 1908 clear- ly provides that a document, where any right in movable property is either assigned or extinguished, will require registration. [148D] In the instant case, that part of the deed which refers to cr..
Uninterrupted sole possession of such property, without more , must be referred to the lawful title possessed by the joint holder to use the joint estate, and cannot be regarded as an assertion of a right to hold it as separate, so as to assert an ad..
the stranger to the contract making claim independent and adverse to the title of respondent are neither necessary nor proper parties, and therefore, not entitled to join as party defendants in the suit for specific performance of contract for sale...
Specific Relief Act, 1963, Section 16(c) - Specific performance - Agreement to sell - Readiness and willingness - Compliance with, has to be in spirit and substance and not in letter and form - Can be seen from the conduct of the plaintiff as a whole..
Challenge in this appeal is to the order passed by a Division Bench of the Punjab and Haryana High Court dismissing the writ petition questioning legality of the Notification dated 24.8.2000 issued under Section 4 of the Land Acquisition Act, 1894 (i..
Direction issued by the Supreme Court u/s 4 of Land Acquisition Act..
Punjab Municipal Corporation Act, 1976 - unautorised construction alleged - Notices were issued in the name of a dead person – Principles of Natural justice – Notices vague – No description of property - Civil suit filed – Injuction granted – Demo..
Punjab Municipal Corporation Act, 1976 - unautorised construction alleged - Notices were issued in the name of a dead person – Principles of Natural justice – Notices vague – No description of property - Civil suit filed – Injuction granted – Demo..
Rent control statute permitting eviction if landlord requires the building ``for his own use'' - Expression ``for his own use'' - Reiterated, covers requirement not only of the landlord but also his son, even if there has been a family partition duri..
The law does not require a partition to be effected by an instrument in writing,..
The Indian Stamp Act, 1899 nowhere prescribes any expiry date for use of a stamp paper. Section 54 merely provides that a person possessing a stamp paper for which he has no immediate use (which is not spoiled or rendered unfit or useless), can seek ..
The right to apply actually arose on 9.8.1999 when the proceedings were withdrawn by Smt. Nirmal Jeet Kaur. Since the petition was filed within three years, the same was within time. ..
Builder is liable to provide the car parking spaces in accordance with the provisions of D.C. Regulation No. 36. The area of the stilt parking space is not included in the FSI nor is it assessable for the Corporation taxes. Thus it should be availabl..
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