LawforAll

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Showing posts with label -. Show all posts
Showing posts with label -. Show all posts
Friday, April 25, 2014

Section 49 of the UP Consolidation of Land Holdings Act and Section 331 of the UP Zamindari Abolition and Land Reforms Act, - when sonship was challenged , a civil suit for declaration of his status and cancellation of Revenue records from the date of Knowledge is maintainable and is not barred by limitation - Apex court held that The appellant has contended that he had no idea about the Consolidation order and was made aware of it only when he asked for his half share of crop which the defendants refused to him, and that he was made to sign an agreement in which he signed over his rights to the property and that he has been taken advantage off due to his illiteracy. We find all this extremely murky and it was incumbent upon the Consolidation Officer to properly enquire into the ownership of the land before recording the defendant’s name in the revenue records. We further hold that the appellant - Amar Nath is entitled to be recorded in the revenue records by the competent authorities as half share owner of the land in dispute, as he has a right to half the share in the property and crops, as it being the ancestral property of his father – Vaij Nath. It has been proved by examining the evidence on record, such as the election identity card, that Amar Nath is indeed the s/o Vaij Nath thereby it has demolished the contention of the defendants that the appellant is not the s/o Vaij Nath.= AMAR NATH ……… APPELLANT Vs. KEWLA DEVI & ANR. ………RESPONDENTS = 2014 ( April.Part ) judis.nic.in/supremecourt/filename=41447

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Section 49 of the UP Consolidation of Land Holdings Act and Section  331  of  the UP Zamindari Abolition and Land Reforms Act, - when sonsh...
Tuesday, February 11, 2014

sec.16 of Indian Contract Act - Transfer of property - Burden lies on the person who is in fiduciary relationship and who obtained benefit out that relationship by playing undue influence and fraud etc., - Plot allotted by Housing co operative society - the person who is in fiduciary capacity with appellant played undue influence, fraud and obtained the signature of appellant and got transferred her property in the name of his wife - Arbitrator correctly passed award set aside the transfer of house - Tribunal and High court wrongly set aside the order of Arbitrator - Apex court held that burden lies on the respondent who obtained property in favour of his wife name who is in fiduciary relationship with appellant by playing fraud , undue influence etc., and set aside the orders of tribunal and High court and directed to restore the possession with in one months = Pratima Chowdhury …Appellant Versus Kalpana Mukherjee & Anr. ...Respondents = 2014 ( Feb. Part)judis.nic.in/supremecourt/filename=41212

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sec.16 of Indian Contract Act - Transfer of property - Burden lies on the person who is in fiduciary relationship and who obtained benefit ...