Judgment Search Results Home > Cases Phrase: apartment ownership act 1972 section 2 application of the act Sorted by: recent Court: rajasthan Page 1 of about 65 results (0.216 seconds)

Narainsingh Vs. Amraram and ors.

Court : Rajasthan

Reported in : 1992(2)WLN442

..... 3 under the shelter of section 12(c) of the act of 1956 which has no application to the facts of present case as defendant no. ..... speaking generally it does not interfere with the special rights of those who are members of mitakashra coparcenery but it is important to note that section 6 of the hindu succession act, 1956 recognises the rights upon the death of a coparcener of certain preferential heirs to claim an interest in the property that would have been all attached to him if there had been a fact of partition immediately before his death and the principle of devolution by survivorship is affected to that extent. ..... where the death of the adoptive father must have taken place prior to commencement of hindu adoption and maintenance act, 1956 and it has been pointed out that adoptive mother got a limited estate in the property which originally belonged to her husband and by virtue of the said act, she acquires right of absolute ownership and subsequent adoption made by her could not divest her of the right or her husband vested in her in view or proviso (c) to section 12 of the hindu adoption and maintenance act, 1956 ..... shishodia has opposed it stating that no compromise has been filed and that apart order.23 rule 4 cpc bars the execution court ffom disposing of the case in terms of the compromise. ..... widow took a son in adoption on 10.12.1972, by a registered deed. .....

Jodhpur Development Autho., Jodhpur Vs. State Consumer Disp. Red. For ...

Court : Rajasthan Jodhpur

..... bare perusal of the above quoted parts of the documents, clearly reveal that the land allotted by the uit/jda to the complainants was already under encroachment, the title of the allottees was under dispute as the uit was claiming the land as government land having been set apart in its favour and the allottees were claiming the same as of their ownership based on the transfer 19 ..... and mandira mookerjee (supra) have no application to the present case as the said judgments deal with jurisdiction of consumer forum vis-a-vis remedies under other acts or 15 before civil courts ..... it was submitted that against the order of the state commission, a revision under section 21 of the act is provided before the national commission and the appellants without availing the said remedy have invoked the jurisdiction of this court under article 226 of the constitution of india, which writ petitions were liable to be dismissed on account of ..... as defined under section 2(1)(c) of the act was lodged to look into the allegations of (i) unfair trade practice or a restrictive trade practice adopted by any trader or service provider; (ii) the goods bought by him or agreed to be bought by him suffer from one or more defects; (iii) the services hired or availed of or agreed t be hired or availed of by him suffer from deficiency in any respect; (iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price; (v) .....

Smt. Mukut Rajya Laxmi and Anr Vs. Dr.Jitendra Singh and Ors

Court : Rajasthan Jodhpur

..... by the order impugned, the learned court below has accepted the application of the respondents-plaintiffs under order viii rule 9 read with section 151 cpc in a suit for possession, mesne profits and perpetual ..... the learned court below after hearing the rival parties, by the order impugned has allowed the application of the respondents- plaintiffs and taken the subsequent pleadings on ..... defending the impugned order, learned counsel mr.mehta has strenuously urged that petitioners have filed a lengthy written statement incorporating many new facts and additional pleas which necessitated filing of subsequent pleadings and the learned court below after examining the matter threadbare has allowed the application of the respondents-plaintiffs by a reasoned order which calls for no 12 interference in exercise of supervisory jurisdiction of this ..... the contentions of the petitioners concerning belated presentation of application by the respondents-plaintiffs for craving leave of the court to file rejoinder and the fact that proposed rejoinder is quite lengthy are per ..... apart, in the plaint, certain overt acts are also attributed to the petitioners-defendants in causing obstructions and hindrances in peaceful enjoyment of ownership and possession of suit property by the respondents ..... the submission of written statement by the petitioners prompted the respondents-plaintiffs to lay an application under order viii rule 9 read with section 151 cpc for craving leave of the court to file subsequent .....

Sumit Manchanda Vs. Appellate Rent Tribunal, Kota and Others

Court : Rajasthan Jodhpur

..... the relief, molded in equity, has been made applicable by the high court, as a matter of practise, and thus, the appellant should not be denied the relief of a reasonable time for vacating the disputed shop. 13 ..... since the time is being granted by the court practically in all the matters of the tenants, and that some of the petitioners are filed only for seeking time, it is necessary, to provided some guidelines in this regard, namely :- (i) the extraordinary powers under article 226 of the constitution of india for allowing time beyond the statutory period for vacating the premises, whether residential or commercial, should not be exercised as a matter of course, and in any case, the time cannot be granted in absence of the representation of the landlord in the case ..... section 15(7)(8) of the rajasthan rent control act, 2001 (for short, the act of 2001) provides for six months time, during which an eviction decree shall not be executed after the orders of eviction are passed in respect of a non-residential accommodation ..... after rejecting the application for additional evidence, findings were recorded only on the basis of the pleadings, ignoring relevant evidence, and the petition for eviction was allowed. ..... the rent appellate tribunal recorded for finding that apart from bona fide need, which was established, the tenant had also denied the title of the land, which alone was sufficient to pass the eviction order. 4 ..... area regarding its ownership, were raised before learned single judge .....

Babu Lal Balai Vs. Indian Oil Corpn. Ltd. and anr

Court : Rajasthan Jodhpur

..... dealership/distributorship norm) with any other person(s) and the share of the land in the name of applicant/member of the 'family unit' meets the requirements of land including the dimensions required, then that land for godown/showroom will also qualify for eligibility as own land subject to submission of 'no objection certificate' in the form of an notarized affidavit from other owner(s).that apart, for showing his financial viability of the requisite amount, as envisaged in the advertisement, the petitioner has not submitted concrete proof and ..... the relevant clause of the guidelines is reproduced as under :- 'own' means having ownership title of the property or registered lease agreement for minimum 15 yrs in the name of applicant/family member (as defined in multiple distributorship norm of eligibility criteria) as on the last date for submission of application as specified in the advertisement or corrigendum (if any).in case of ownership/co-ownership by family member(s) as given above, consent in the form of a notarized affidavit from the family member(s) will be required. ..... legal position is no more res-integra that a perpetual lease is compulsorily registrable document under section 17(1)(h) of the registration act and an unregistered lease of sixteen years cannot confer any right, title or interest on the petitioner pertaining to the said property. .....

Ratan Lal Vs. Gopal

Court : Rajasthan Jodhpur

..... on appeal being filed by the appellant-defendant, the first appellate court came to the conclusion that even if definition as indicated in section 105 of the transfer of property act, 1882 ('the act') is taken into consideration, the plaintiff is a lessor as 3 he has been receiving the month to month rent and, therefore, the other legal representatives are not necessary parties. ..... the submissions about period of notice under section 106 8 of the act and delivery thereof are also without substance in view of provisions of sub-sections (3) and (4) of section 106 of the act as admittedly the suit was filed after two months of service of notice and the same was delivered by registered post at the admitted address. ..... 30.04.2004 and asked for possession; in reply to the notice, the defendant denied the ownership of the plaintiff; the plaintiff claimed vacant possession of the shop, outstanding rent of rs.1,400/- and 2 mesne profit @ rs.5,000/- per month from 31.05.2004. ..... the stay application is also dismissed. ..... apart from that it has been held in some decisions of this court that a co-owner of a property is an owner of the property, till the property is partitioned.39. .....

Om Veer Singh Chauhan Vs. the Learned P.O., Rent Trib. Udaipur Andor

Court : Rajasthan Jodhpur

..... the personal obligation created by a contract of sale is described in section 40 of the transfer of property act as an obligation arising out of contract and annexed to the ownership of property, but not amounting to an interest of easement ..... the word 'conveys' in section 5 of transfer of property 15 act is used in the wider sense of conveying ownership ..... 21 thus, applying the parameters set out by the apex court for exercising of supervisory jurisdiction of this court and a critical analysis of the facts and circumstances of the instant case, this court is of the opinion that the impugned order passed by the learned appellate court affirming the order passed by the learned rent tribunal is neither perverse, nor the same is infirm on account of an error apparent on the face of record ..... in his application, under order 21 rule 97 cpc, the petitioner-objector has, inter alia, averred that the execution of the decree passed in favour of third respondentlandlord, gyatri devi, and against the alleged tenant, rajendra singh, is founded on a decree which was passed by the learned tribunal due to collusion between the rival parties ..... that apart, the learned rent tribunal has also recorded a finding of fact that the alleged agreement to sale has not conferred any right whatsoever qua the petitioner for property in ..... that apart, prima facie, conduct of the petitioner is also under serious cloud and as such his quest for justice under supervisory equitable jurisdiction of this court is wholly .....

M/S. Vikas Book Ltd and Others Vs. Bank of Baroda, Nehru Place, Jaipur ...

Court : Rajasthan

..... hence, the only remedy available to the person aggrieved by the measures taken by the secured creditor under section 13(4) of the said act would be to make application to the debts recovery tribunal under section 17(1) of the said act. ..... section 17 of the said act confers right upon the person including the borrower aggrieved by any of the measures taken under section 13(4),to make application to the debts recovery tribunal. ..... apart from the fact that the provisions of the said act have the effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force, in view of section 35 of the said act, the secured creditor could not have approached the rent tribunal seeking possession of the mortgaged property as under section 18 of the rajasthan rent control act, the rent tribunal has jurisdiction to hear and decide the petitions relating to the disputes between landlord and tenant and matters connected therewith ancillary thereto filed under the provisions of the rent ..... as stated above, there is a conceptual distinction between securities by which the creditor obtains ownership of or interest in the property concerned (mortgages) and securities where the creditor obtains neither an interest in nor possession of the property but the property is appropriated to the satisfaction of the debt (charges). .....

M/S Alpha (India ) and ors. Vs. Union of India and ors.

Court : Rajasthan Jaipur

..... on an application made for approval, by the judicial magistrate of first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made there under:provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the ..... thus, objection regarding applicability of section 11(4) & 11(b) of the sebi act is also an issue, which can be raised and decided by the sebi. ..... a reference of the judgment in the case of union of india and another versus tulsiram patel reported in (1985) 3 scc 398 has been given apart from the judgment in the case of ajit kumar nag versus general manager (pj), indian oil corpn. ..... the rbi guidelines, inter-alia, require private sector banks to ensure that ultimate ownership and control of private sector banks is well diversified. ..... guidelines on ownership and governance in private sector banks (hereinafter referred to as 'the rbi guidelines' for the short). ..... where ownership is that of a corporate entity, no single individual/entity has ownership and control in excess of 10 per cent of that entity. .....

P. Paliwal and ors. Vs. Hindustan Zinc Limited and ors.

Court : Rajasthan

..... it will be clear from subsequent acts also, apart from hzl's own memorandum of association of the company, that the hzl- the respondent-company was formed for the purpose of section 12 of the act of 1965. ..... fund investments and book debts and all other rights and interests arising out of such property as were immediately before the 22nd day of october, 1965 in the ownership, possession, power or control of metal corporation of india limited in relation to the undertaking, whether within or outside india, and all books of account, registers, maps, plans, sections, drawings, records of survey and all other documents of whatever nature relating thereto and shall also be deemed to include all borrowings ..... this control is not specifically exercised under any special statute applicable to the board. ..... the said observations of the hon'ble supreme court have no application to the present facts of the case. ..... the hzl was incorporated on 10.1.1966 on the basis of the memorandum of association of the company, copy of which has been placed on record by the respondent-company along with their application submitted before this court on 5th april, 2010. ..... the control if any is only regulatory in nature as applicable to other similar bodies. .....