Defaulting Borrower Cannot Invalidate Sale by Citing Own Breach
The Supreme Court held that a loanee cannot take advantage of their own breach to nullify a transaction. Only the aggrieved party could seek to set aside such a sale.…
Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? -Transfer of Property Act, 1882 — S. 51 — Conditions for applicability of-
Two questions- Whether the construction on an encroached land is protected under Section 51 of the Constitution of India? Whether silence of defendant at the time of construction would amount…
Registration Act, 1908 — Ss. 17(1)(e), 17(1)(b) and 17(2)(v)
Award or document providing for effectuating a division of joint family properties in the future, held, fell under S. 17(2)(v) and was thus exempt from compulsory registration. Test in such…
Land Acquisition Act, 1894 — S. 54, 23(1-A) and 18 — Additional compensation
Interference made by High Court under impugned judgment so far as additional compensation assessed by Reference court is concerned, is neither supported by material on record nor sustainable in law.…
Rent Control and Eviction- UP Urban Buildings (Regulation of letting , Rent and Eviction) Rules, 1972- Deemed vacancy for nonresidential premises (shop)
Subsequent events effecting partnership business. With the death of both partners and not having any clause permitting continuation of the partnership by legal heirs, the nonresidential tenanted premises, held, are…
Transfer of Property Act, 1882 — Ss. 122 and 123 — Gift of immovable property becomes complete when there is acceptance of gift
Section 122- Acceptance by or on behalf of donee must be made during the lifetime of the donor and while he is still capable of giving. Section 123- Execution of…
Ss. 106 and 107-whether the rent deed can be treated to be a lease of immovable property (i) from year to year (ii) for any term exceeding one year (iii) or reserving a yearly rent?
As per sec 17(1)(d), leases of immovable property from year to year or for any term exceeding one year, or reserving a yearly rent requires compulsory registration. Held, the rent…
Clarified Right of pre-emption and its Nature and scope
Clarified Right of pre-emption and its Nature and scope. The plaintiff (Beni Prasad) had a superior right of pre-emption by virtue of the provisions of Section 6(3) of Rajasthan Pre-emption…