Search The Civil Litigator

Wednesday, December 7, 2011

No lease when document not signed

AIR 2011 NOC 337 (All)
WP (civil misc) 3707 of 1996
Ram Shankar Trivedi v. Commissioner
--------------------------------------
Sent from handheld device

Merit cannot be disregarded merely on technical grounds

AIR 2011 P&H 159

Merit cannot be disregarded merely on technical grounds
--------------------------------------
Sent from handheld device

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
--------------------------------------
Sent from handheld device

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
--------------------------------------
Sent from handheld device

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


--------------------------------------
Sent from handheld device

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."
--------------------------------------
Sent from handheld device