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Judgements

Recording of Barga (2014-04-11)

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : - 1. that he himself... Read More

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : -
1. that he himself is cultivating land from his own sources;
2. that he shares crops with the land owner, in the proportion provided in the Act and such factum of sharing of crops must be established by documentary evidence, namely receipt;
3. that in case of refusal to accept the share crops by the land owner, he must deposit the same to the credit of the land owner with the concerned Block Land and Land Reforms Officer and obtain a receipt;
4. that in case of refusal to grant receipt against tendering of share crops, the bargadar has to lodge a complaint before the Magistrate under Section 19A (2A) of the West Bengal Land Reforms Act.

West Bengal Land Reforms Act, 1955. S. 19A (2A) ----- Lodging of complaint ----- Held: therein that lodging of such complaint, prima facie establishes the fact of refusal to grant receipt as Section 19A (2A) of the West Bengal land Reforms Act provides that refusal to grant receipt is a punishable offence and the same is cognizable also. Therefore, the importance of issuance of receipt is well‐understood.

West Bengal Land Reforms Act, 1955; S. 18 ----- Recording of Barga ---- Standard of proof ----- Held: though laws of evidence is not strictly applied in such proceeding but the basic facts regarding cultivation of the petitioners’ land by the respondent No.7 and sharing of produce between them in the same proportion as mentioned in the said Act arerequired to be proved by substantive evidence.

West Bengal Land Reforms Act, 1955; S. 18 ------ Refusal by landowner to accept the share of produce ---- Duty cast upon claimed Barga ----- He should intimate the B.L. & L.R.O. and must deposit the share of crop with the Revenue Officer against receipt ----- Issuance of notice to the Land owners regarding deposit of such share of crops ----- Intimation given to the Pradhan about the refusal to accept the share of the produce by the petitioner, cannot be regarded as due compliance of the provision contained in Section 18 of the West Bengal Land Reforms Act, 1955

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

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

Limitation Act, 1963; S. 6 and 8; Limitation Act, 1963; Art. 60 -- The starting point of limitation is the attaining of majority by the ward and the period of limitation is three years -- the... Read More

Admissibility of certified copy of public document in evidence (2011-10-21)

Evidence Act, 1872; S. 74 – Admissibility of certified copy of public document in evidence -- Certified copy of the public document prepared under Section 76 of the Act is admissible in... Read More

Owner taken reasonable care to find out driver details

Motor Vehicles Act, 1988; S. 166 -- As to whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver (a fake one or otherwise), does not fulfil... 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.

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint -- the has to be read as a whole -- The defence available to the defendants or the plea taken by them in the written statement or... Read More

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Indian Succession Act, 1925; Ss. 281, 282 -- Whether execution of will in English can be doubted on ground that testator was not knowing English language ----- Held: The lack of knowledge of English... Read More

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Hindu Marriage Act, 1955; S. 13 - Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held:... Read More

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Agreement ----- Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant? Held: it cannot be said on the basis of what is printed on the back side of... Read More

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Judgements

Recording of Barga (2014-04-11)

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

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

Admissibility of certified copy of public document in evidence (2011-10-21)

Owner taken reasonable care to find out driver details

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)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

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Judgements

Recording of Barga (2014-04-11)

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

Limitation Act, 1963; S. 6 and 8 (1999-02-02)

Admissibility of certified copy of public document in evidence (2011-10-21)

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)

Code of Civil Procedure, 1908; O. 7 R. 11 (d) -- Rejection of Plaint (2018-04-10)

Loss of Original will and Lack of English knowledge of testator (2014-09-08)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

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