March 2018

Allotment letter does not even disclose an implied obligation to provide basic amenities and to carry out the development works as a condition precedent for entitlement to receive payment—Price of plot was according to conditions at spot-Therefore, petitioner is liable to pay interest and penal interest as per terms and conditions

By | March 15th, 2018|Plots|

Comments Off on Allotment letter does not even disclose an implied obligation to provide basic amenities and to carry out the development works as a condition precedent for entitlement to receive payment—Price of plot was according to conditions at spot-Therefore, petitioner is liable to pay interest and penal interest as per terms and conditions

Allotment of Plot—Surrender of Plot—Ground Rent—As per surrender policy only 10% of bid amount was to be forfeited-Ground rent deducted by development authority directed to be refunded with interest.

By | March 1st, 2018|Plots|

Comments Off on Allotment of Plot—Surrender of Plot—Ground Rent—As per surrender policy only 10% of bid amount was to be forfeited-Ground rent deducted by development authority directed to be refunded with interest.

February 2018

Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

By | February 11th, 2018|Plots|

Comments Off on Conduct of petitioner exhibits that he was awaiting formal allotment and was ready and willing to perform his part of contract-Authorities could always issue another copy of allotment letter to the petitioner and require him to comply with the terms—In the present case, there is fair presumption that petitioner never received the allotment letter

GPA was not the beneficiary in any way-He was appointed only to facilitate the proceedings before authorities as he was friend of original allottee and local resident-No consideration ever passed from GPA to allottee-Transaction held to be bonafide-Petitioner held to be bona fide purchaser for consideration-Cancellation order set aside.

By | February 10th, 2018|Plots|

Comments Off on GPA was not the beneficiary in any way-He was appointed only to facilitate the proceedings before authorities as he was friend of original allottee and local resident-No consideration ever passed from GPA to allottee-Transaction held to be bonafide-Petitioner held to be bona fide purchaser for consideration-Cancellation order set aside.

Allotment of Plot—Eligibility—As per scheme applicant should not own any residential plot in his/her name—The expression ‘applicant’ shall also include and represent a ‘spouse’.

By | February 10th, 2018|Plots|

Comments Off on Allotment of Plot—Eligibility—As per scheme applicant should not own any residential plot in his/her name—The expression ‘applicant’ shall also include and represent a ‘spouse’.

March 2017

January 2017

December 2016

November 2016

Intention of Parties—Where there is a dispute on a concept relating to an expression/concept which is not explained in the instrument executed between parties than evidence of the acts done under it is a guide to the intention of the parties, particularly, when acts are done shortly after the date of the instrument.

By | November 17th, 2016|Plots|

Comments Off on Intention of Parties—Where there is a dispute on a concept relating to an expression/concept which is not explained in the instrument executed between parties than evidence of the acts done under it is a guide to the intention of the parties, particularly, when acts are done shortly after the date of the instrument.

October 2016

  Allotment of Plot—Refund of Amount—Development authority failed to deliver possession for its own reason—Allottee held entitled to refund of amount with interest @ 10% p.a. irrespective of undertaking by allottee for not making any claim.

By | October 7th, 2016|Plots|

Comments Off on   Allotment of Plot—Refund of Amount—Development authority failed to deliver possession for its own reason—Allottee held entitled to refund of amount with interest @ 10% p.a. irrespective of undertaking by allottee for not making any claim.