If the creditor does any act which is inconsistent with the rights of the surety or omit to do any act which his duty to the surety requires him to do and the eventually remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged.
Where the transferee of a share of a dwelling house belonging to an undivided family is not a member of the family then nothing shall be deemed to entitle him to joint possession or other common or part enjoyment of house.
When through Fraud or a mutual mistake of the Parties, a Contract of other instrument in writing does not express their real intention then under Section 26 of the Specific Relief Act either Party or his representative in interest may institute a suit to have the instrument for rectification of document.
Decree for injunction can also be executed against legal representatives of deceased judgment-debtor. It would be against public policy to ask decree-holder to litigate once over again against legal representatives of judgment-debtor when cause and injunction survives. No doubt, it is true that decree for injunction normally does not run with land. In absence of statutory provisions it cannot be enforced. However, in view of specific provisions contained in CPC, such decree can be executed against legal representatives.
The government of Maharashtra has reduced stamp duty to Rs.1000/- chargeable under Article (5) (g-a) and 25 in the schedule I for the purpose of allotment of residential premises admeasuring upto an area of 30 sq. mtrs. to the person belonging to the Economically Weaker Section (EWS) as per the “ Pradhan Mantri Awas Yojana -Housing for All (Urban)” which is a Centrally Sponsored Scheme of Ministry of Housing and Urban Poverty Alleviation, Government of India.
Watchman, caretaker or a servant employed to look after the property can never acquire interest in the property irrespective of his long possession. The watchman, caretaker or a servant is under an obligation to hand over the possession forthwith on demand. According to the principles of justice, equity and good conscience, Courts are not justified in protecting the possession of a watchman, caretaker or servant who was only allowed to live into the premises to look after the same.
Transfer of share or interest, based on nomination under Section 79 of 1983 Act in favour of nominee is with reference to concerned Cooperative Society and is binding on said society. The Cooperative Society has no option whatsoever, except to transfer membership in name of nominee. It shall however, be open to other members of family to pursue his case of succession or inheritance, if he is so advised, in consonance with law.
Once person becomes member of Co-operative Society he loses his individuality with Society and has no independent rights except which is given to him by statute and bye-laws. Thus objection raised by the members that there is no privity of contract between them and Builder though there is agreement for redevelopment between the Builder and Society does not sustain.
In the absence of any evidence of permission or sanctioned plan the notice send by Municipal Corporation under Section 354 A Muncipal Corporation Act, 1888 to demolish and action taken therein cannot be called illegal.
Government authorities are required to follow the due process of law while acquiring private land for public utilities like laying down roads. In one such matter a road was constructed on private land without acquiring it and without paying any compensation to the owner. The Bombay High Court in one of its judgment has held that authorities must acquire the private land after following the due process within the stipulated time. If that is not done, then in the alternative, to restore the land to its original position and return it to the owner.