AIR 2011 NOC 337 (All)
WP (civil misc) 3707 of 1996
Ram Shankar Trivedi v. Commissioner
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Wednesday, December 7, 2011
Merit cannot be disregarded merely on technical grounds
AIR 2011 P&H 159
Merit cannot be disregarded merely on technical grounds
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Stamp Act, 1899 - Stamp Duty on Gift
Market value is not relevant in in assessment of stamp duty of the gifted property. Disclosure of value of property in gift deed is sufficient for purpose of payment of stamp duty. AIR 2011 All 135 (Sumit Gupta v. State of UP)
Friday, December 2, 2011
Specific Performance and arbitration
Specific performance can be sought and granted in arbitration. AIR 1999 SC 2102
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Section 8 Arbitration - objection
Opposing an application for interim relief is not a waiver of right to insist on arbitration.
Rashtriya Ispat Nigam v. Verma Transport (2006) 7 SCC 275
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Wednesday, November 30, 2011
Spes successionis and muslim law, relinquishment
Spes successionis is not transferable under Islamic law and TP act.
However, estoppel and relinquishment are applicable for protecting ends of justice
2011 9 SCC 223
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Change of end use of land acquired for public purpose
1.
Tulsi Cooperative Housing Society, Hyderabad & Ors. v. State of A.P. & Ors., reported as (2000) 1 SCC 533 (Three Judges Bench)
"19… We are unable to accept the extreme contention urged by the learned Senior Advocate for the Government that the land should be permitted to be utilized for purposes other than those for which it was acquired. Once we uphold the validity of the proceedings for acquisition under the Acquisition Act,
it has to follow that the lands have to be utilized for the purpose for which they were acquired…."
2.
Narpat Singh & Ors. v. Jaipur Development Authority & Anr., reported as (2002) 4 SCC 666.
"12… The land acquired
must be used for the public purpose for which it has been acquired."
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Tulsi Cooperative Housing Society, Hyderabad & Ors. v. State of A.P. & Ors., reported as (2000) 1 SCC 533 (Three Judges Bench)
"19… We are unable to accept the extreme contention urged by the learned Senior Advocate for the Government that the land should be permitted to be utilized for purposes other than those for which it was acquired. Once we uphold the validity of the proceedings for acquisition under the Acquisition Act,
it has to follow that the lands have to be utilized for the purpose for which they were acquired…."
2.
Narpat Singh & Ors. v. Jaipur Development Authority & Anr., reported as (2002) 4 SCC 666.
"12… The land acquired
must be used for the public purpose for which it has been acquired."
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