Property Law - Jurisdiction of Deputy Registrar – Section 16A of Apartment Act – Delegation of Powers under MCS Act – Jurisdiction Upheld – Petitioners contended that the Deputy Registrar lacked authority under Section 16A of the Apartment Act, as no express delegation existed – Held: Notification dated 24.11.2021 issued under Section 3 of the MCS Act conferred powers...
Criminal revision against conviction under Section 138 of NI Act – Petition challenging concurrent judgments convicting petitioner for dishonour of cheque due to i
Cheque Dishonour – Presumption under Section 139 NI Act – Conviction Upheld – The petitioner challenged concurrent findings of conviction under Section 138 of NI Act alleging that the cheque was lost and misus...
Tenancy Law - Landlord-Tenant Dispute – Ejectment Decree – Appellant landlord filed suit for ejectment and arrears of rent against respondent tenant for defaulting on rent and other charges from 1st June 1999 to 11th September 2000 – Trial Court decreed suit in favour of landlord, ordering eviction and payment of arrears along with mesne profits – High Court set aside the d...
Property Law – Unregistered Sale Agreement – Possession – Bar under Rehabilitation Act – Second Appeal dismissed – Defendant entered into unregistered agreement to purchase agricultural land affected by Jeegaon Resettlement Project – Paid Rs. 3,00,000/- out of Rs. 3,50,000/- – Defendant placed in possession but sale deed not executed due to legal bar under...
Civil Law - Maharashtra Project Affected Persons (Rehabilitation) Act - Unregistered Sale Agreement – Applicability of Section 53A T.P. Act – No Protection to Possession – Defendant relied on an unregistered agreement to claim possession under Section 53A of the Transfer of Property Act – Held: Due to the statutory requirement of registration under Section 17(1-A) of the Re...
Property Law - Matrimonial Property – Sale Deed Executed by Husband in Wife’s Favour – Not Benami – Husband contended that Ext.A1 Sale Deed executed in favour of wife was merely benami and intended to facilitate a loan—Court held: Deed supported by consideration of ₹40,000 paid by wife’s parents to discharge husband’s liabilities—Held genuine and v...
Civil Law - Coparcenary Rights of Daughter – Applicability of Section 6, Hindu Succession Act – Partition Sought by Daughter – Upheld – The daughter, born before the 2005 amendment to the Hindu Succession Act, sought partition of ancestral property acquired by her father through a registered partition deed dated 04.02.2004 – Held: Since no partition took place between...
Civil Law - Tenancy Rights – Effect of Mortgage in Favour of Tenant – Section 25A of the Maharashtra Tenancy Act – Tenancy Upheld in Part - Petitioners proved tenancy rights over Gat Nos.28/1 to 28/4 by documentary evidence and admission in earlier civil suit – Held: Mortgage did not extinguish tenancy, it only suspended it temporarily under Section 25A – Petitioners ...
Tenancy Law - Eviction Petition – Delay in filing Leave to Defend – Section 13-B read with Section 18-A of East Punjab Rent Act – Dismissal of Delay Condonation Application Upheld - Tenant failed to file leave to defend application within 15 days of service under Section 18-A – Held: Rent Controller has no jurisdiction to condone delay under Section 5 of the Limitation Act ...
Tenancy Dispute – Pendente Lite Transfer – Sham Transaction – Preliminary Objection Rejected - Court held that sale of land by respondent’s legal heirs during pendency of the writ petition was a fraudulent attempt to frustrate proceedings – Purchasers were close relatives, and transaction was held to be a sham – Held: Transfer hit by Section 52 of the T.P. Act &...