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Property Law Judiciary

Section 4 of the Land Acquisition Act, 1894

 20 September 2010

The relevant facts common in these appeals are that a preliminary notification dated 5.03.1983 was issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as, ‘the Principal Act’) in respect of the land at Ghonga Tank in vil..

Posted in Property Law |   3135 hits

Section 4 of the Land Acquisition Act, 1894

 02 August 2010

The appellants in these appeals have small holdings of land in Manbela, Hamidpur and Jangal Sikri etc., Pargana Haveli, District Gorakhpur in the State of Uttar Pradesh. About 209.515 hectares of land including the land of the appellants was sought t..

Posted in Property Law |   3430 hits

Land Acquisition Act, 1894

 29 July 2010

According to the appellants, they are owners of the land in question measuring 848.66 sq.m., Nandh No. 2190/P, Ward No.4 of Surat City. The State of Gujarat initiated acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred ..

Posted in Property Law |   1962 hits

Section 117 of Transfer of Property Act

 08 July 2010

This appeal arises from a suit for declaration of title and confirmation/recovery of possession instituted by one Sukhi Mian, the ancestor and predecessor in interest of the present appellants. The claim of the plaintiff was based on two sada Hukumna..

Posted in Property Law 2 comments |   5763 hits

Section 11 of the Land Acquisition Act, 1894

 02 June 2010

This appeal has been filed against the judgment and order dated 13.9.2004 passed by the High Court of Madras dismissing the Writ Appeal No.1692 of 1997 by which the Court has affirmed the judgment and order of the Learned Single Judge dated 4.12.1997..

Posted in Property Law |   4098 hits

Non-implementation of directions is an abuse of process of court

 28 May 2010

Removal of encroachment in the forest land - Eviction notice under Section 68A of Tamil Nadu Forest Act - Violation of principles of natural justice ..

Posted in Property Law |   1360 hits

Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

 20 May 2010

The relevant facts briefly are that land measuring 1.30 acres comprising Revisional Survey Plot Nos.1501, 1512, 1513, 1514 and 1527 of Khata No.229 in village Paiga in District Bhojpur in Bihar was sold by Brij Bihari Singh and Rash Bihari Singh to r..

Posted in Property Law |   12089 hits

If no lease period is mentioned therein, it is not for a specific period

 04 May 2010

Determination of lease period - No fix period mention in the lease deed - Whether lease can be treated as a perpetual lease? ..

Posted in Property Law |   1711 hits

State of Andhra Pradesh vs Hyderabad Potteries Private Limit

 27 April 2010

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Posted in Property Law |   1873 hits

recission of contract for non deposit within reasonable time

 31 December 2009

it is clear that the seller has been given a right to make an application for rescission of the contract after the decree has been passed against him, if the purchaser fails to pay the purchase money as directed by the Court within the prescribed p..

Posted in Property Law |   2660 hits

burdon of proof in a suit for specific performance

 29 December 2009

I hold that in a suit for specific performance, it is for plaintiff to establish his/her readiness and willingness from the date of agreement till the date of sale. In the instant case, the plaintiff has not established that she was ready and willi..

Posted in Property Law |   7354 hits

clog to rely on the rule of time was not the essence of cont

 28 December 2009

There is no hard and fast rule that there cannot be a view that time can never be the essence of contract relating to immovable property, but it all depends upon each and every contract and the intention of the parties as found spelt out and portraye..

Posted in Property Law |   1894 hits

time-limit prescribed by the parties to the contract

 28 December 2009

Indeed, we are inclined to think that the rigor of the rule evolved by courts that time is not of the essence of the contract in the case of immovable properties - evolved in times when prices and values were stable and inflation was unknown - requir..

Posted in Property Law |   3749 hits

retention of possession by unsuccessful agreement for sale

 28 December 2009

Transfer of Property Act, 1882-Section 53(A)-Agreement holder whose suit for specific performance is dismissed-Not entitled to retain possession under the agreement-Plea of adverse possession not maintainable. Specific Relief Act, 1963-Section 16(..

Posted in Property Law |   4987 hits

Ready and willing - Mere assertion in plaint

 06 August 2009

Specific Relief Act, 1963, Section 16(c) - Ready and willing - Mere assertion in plaint is not sufficient - It must be proved that consideration amount was available - When such proof is not produced before Court then it must be held that plaintiff w..

Posted in Property Law |   3927 hits

Married daughters rights in the Ancestral Proeperty

 09 July 2009

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Posted in Property Law |   1951 hits

enforcement of guideline register

 04 May 2009

50.In the circumstances, this Court holds thus: On Points(i),(ii)and(iv):The guideline value Register entries are neither final nor conclusive nor it is binding on the Registering authority as well on the Collector to whom the instrument is refer..

Posted in Property Law |   5138 hits

registration of a deed of cancellation, unilateral

 04 May 2009

(i) Challenging registration of a unilaterally executed deed of cancellation of a sale, a writ petition is maintainable under Article 226 of the Constitution of India; (ii) A deed of cancellation of a sale executed by mutual consent by all part..

Posted in Property Law |   22712 hits

Sections 106 and 107 of The Transfer of Property Act 1882

 23 April 2009

Under S.107 the parties have an option. They can negotiate a lease of a duration mentioned in the first paragraph. If they decide upon such a lease, they must execute a registered instrument. Alternatively, they can decide to have a lease for a short..

Posted in Property Law |   12081 hits

Section 14 of the Hindu Succession Act

 05 March 2009

It is by force of Section 14(1) of the Act, that the widow's limited interest gets automatically enlarged into an absolute right notwithstanding any restriction placed under the document or the instrument. So far as sub-section (2) of Section 14 is c..

Posted in Property Law |    hits







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