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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Whether bank can refuse to make payment to nominee

Banking Regulation Act, 1949; S. 45ZA – Banking Companies (Nomination) Rules, 1985; R. 2(1) -- Whether bank can refuse to make payment to nominee -- Nomination made by a depositor/account... Read More

Complainant and accused both are working in Government College (2014-11-13)

Negotiable Instruments Act, 1881; S.138 ---- Complainant and accused both are working in Government College ----- Both are governed by the Government Servants’ Conduct Rules which prescribes... Read More

Cause of action to claim a relief of permanent injunction (2018-04-13)

Civil Law – Practice and Procedure – Held: Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are... Read More

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Consumer Protection Act, 1986; Buyer’s Agreement dated 16.04.2010 was executed between them ------ The Builder was required to deliver possession of the flat to the Complainants within 36... Read More

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

Code of Civil Procedure, 1908; O. 6 R. 17 ----- Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit is the question involved herein... Read More

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Power of Attorney Act, 1882; S. 1A , 2 ------ Transfer of Property Act, 1882 : Validity and legality of SA/GPA/WILL transaction ----- A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property ----- The power of attorney is creation of an agency whereby the grantor authorizes the grantee to do the acts specified therein, on behalf of grantor, which when executed will be binding on the grantor as if done by him ----- An attorney holder may however execute a deed of conveyance in exercise of the power granted under the power of attorney and convey title on behalf of the grantor ----- SA/GPA/WILL transaction does not convey any title nor create any interest in an immovable property ----- the “concept of power of attorney sales have been recognized as a mode of transaction” when dealing with transactions by way of SA/GPA/WILL are unwarranted and not justified, unintendedly misleading the general public into thinking that SA/GPA/WILL transactions are some kind of a recognized or accepted mode of transfer and that it can be a valid substitute for a sale deed.
Such decisions to the extent they recognize or accept SA/GPA/WILL transactions as concluded transfers, as contrasted from an agreement to transfer, are not good law ----- Transactions of the nature of ‘GPA sales’ or ‘SA/GPA/WILL transfers’ do not convey title and do not amount to transfer, nor can they be recognized or valid mode of transfer of immoveable property ----- Held: We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the
developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favour of prospective purchasers. In several States, the execution of such development agreements and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding ‘SA/GPA/WILL transactions’ are not intended to apply to such bonafide/genuine transactions.

Compensation for delay in possession (2018-04-05)

Consumer Protection Act, 1986-Ss. 11 (1), 21 (a) (i), 17 (1) (a) (i) and 24A – Allotment-Complainants applied for-Payments in installments-Terms and conditions of allotment-It is the case of... Read More

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Code of Criminal Procedure, S. 125, 126; ------- Territorial Jurisdiction to file case for maintenance ------- Regarding the place of institution and adjudication of the maintenance proceeding, it is... Read More

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Writ Petition -- Minor rape victim prayed for termination of pregnancy – Held: we feel that the ends of justice will be met by issuing following directions to the opposite parties:-
(1)We direct and allow the Child Welfare Committee of District Lucknow to take over the cause of adoption of the child born to "A" on 26th October, 2015, who is presently in the care of Paediatrics Department of King George's Medical University, Lucknow. The Department shall handover the child as and when the doctors find that the child is medically fit to be handed over to the committee. The committee shall, thereafter, act in the manner provided in the judgment. The Member Secretary of the State Legal Services Authority in consultation with the amicus curiae shall supervise the process of adoption.

(2)As soon as "A" regains her mental balance and equilibrium, she will be allowed admission in a proper class in an appropriate school. The first and foremost preference should be given to any Kasturba Gandhi Girls' School. These are residential schools in which girls are allowed to stay and taken care of completely. They are given food, shelter, books, uniforms and matterial for recreation also. If "A" or her parents approach the authorities of Kasturba Gandhi Residential School of her choice, admission should be allowed to her. If an application is made to the Basic Shiksha Adhikari of the District it shall be his duty to ensure admission of "A" in one of the best run schools of Kasturba Gandhi Residential Schools of the District.

(3)If "A" chooses not to go to residential school then a Government Girls' Inter College of her choice will allow her admission without insisting on any entrance examination or the criteria of selection on merit basis. The State Government should ensure that education is provided free of costs to "A". She will be allowed full freeship of fees and other charges whatsoever.

(4)It shall be the duty of the Principal of the college concerned to ensure that the teachers of the college, staff and the students do not discriminate her in any manner. All possible mental, moral and psychological help should be given by the teachers to help her gain strength to face the challenges of life. The principal should also ensure that the past life of "A" is not propagated and she is treated as another normal student of the school.

(5)If "A" wants to continue her studies after 10+2 Standard (Intermediate), admission should be given to her in any government degree college with full free ship of fee. This will continue till graduation.

(6)In addition to payment of Rs.3,00,000/- as compensation under Rani Lakshmi Bai Mahila Samman Kosh Rules, 2015, the State Government shall make a fixed deposit of a sum of Rs.10,00,000/- (Rupees Ten lacs) in favour of "A" in any nationalized bank which will be given to her only when she reaches the age of 21 years. The District Magistrate of the District where the family of "A" chooses to live henceforth will ensure that bank account is opened in the name of "A" in any nationalized bank, chosen by her father. It is made clear that at the maturity of the aforesaid fixed deposit, only "A" will be entitled to get the money.

(7)Superintendent of Police of the District where "A" and her family choose to reside will ensure the safety, security and dignity of the family. No one from the society should be allowed to degrade, discriminate or excommunicate the victim or her family on the ground of unfortunate incident of rape.

(8)If "A" applies for any apprenticeship in any available scheme or in any vocational course of any Government department or any other instrumentality of the State, preference should be given to her in such matters.

(9)After attaining the age of majority, some suitable job be also provided to her according to her ability / qualifications. Such security of job is the surest way of bringing her up in the main stream once again. When occasion arises the petitioner shall have the liberty of moving an application to the Chief Secretary of the State to ensure that a suitable job is provided to her.

(10)The N.G.O.s or any other agency which wants to help the victim and her family in any manner, will be welcome to do so and earn the appreciation of this Court as well as of the society in general.

Evidence on behalf of the Company (2015-01-28)

Negotiable Instruments Act, 1881; S.138 ---- Complaint petition was filed by Shri V. Shankar claimed to be General Power of Attorney holder of the Complainant company ----- Subsequently PW 1 Shri... Read More

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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Complainant and accused both are working in Government College (2014-11-13)

Cause of action to claim a relief of permanent injunction (2018-04-13)

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Compensation for delay in possession (2018-04-05)

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Evidence on behalf of the Company (2015-01-28)

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Judgements

Whether bank can refuse to make payment to nominee (2016-03-30)

Complainant and accused both are working in Government College (2014-11-13)

Cause of action to claim a relief of permanent injunction (2018-04-13)

government regulations and economic recession cannot be a justification for delay (2016-02-08)

Whether a property can be added in the list of properties after a preliminary decree is passed in a partition suit (2008-12-02)

A power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property (2011-10-11)

Compensation for delay in possession (2018-04-05)

Territorial Jurisdiction to file case for maintenance (2017-02-15)

Minor rape victim prayed for termination of pregnancy (2015-11-03)

Evidence on behalf of the Company (2015-01-28)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law