However, the aforesaid position in law is stated to highlight that it was equally possible to dismiss these writ petitions as the same were filed belatedly after passing of the award and when in most of the cases, possession was taken and compensation paid. (1) that the transferees shall reconvey the proper within five years from the date of the conveyance to the transferor at the expense of the transferors for the price mentioned in the deed; (2) that if within four years and six months from the date of the conveyance, the right of reconveyance in respect of the three houses or any of them is not’ exercised by the transferors and if the transferees do not desire to retain all or any of the houses, they have the right to recall from the transferors the amount of the consideration and to return all or any of the three houses in the condition in which they may be; (3) that in the event of failure on the part of the transferors to comply with the request to take back the houses, a breach of agreement of reconveyance rendering the transferors liable to pay damages shall be committed; (4) that in the event-of reconveyance the transferors shall pay the full price set out in the sale deed and take back the houses in the condition in which by vis major, Government action or any reason whatsoever they may be.
In the grounds of appeal to the High Court the objection was to the form of the sanction. 216, (2) [1954] INSC 126; [1955] 1 S. This is not the stage for asking the facts to be proved by additional evidence. When they reached New Gandak Bridge, accused-Sanjeet (A-2) got down from the cycle and went inside the hut on the left side of the road and PW8 followed him. They cannot be applied in any straight-jacket formula. The evidence of PW8 amply corroborates the evidence of PW2 as to the complicity of Chintoo Singh (A-5) and Birendra Bhagat (A-3) in the offence.
On behalf of the defence it was argued that the constructive criminal liability under Section 149 did not arise once two of the accused who were alleged to be members of that assembly were acquitted thereby reducing the number comprising the assembly to three persons only. No doubt, following Royal Orchid Hotels Limited case and other similar cases, the High Court has not dismissed the writ petitions filed by the appellants on the ground of delay and laches accepting the plea of the appellants that they felt aggrieved on coming to know that the land was sought to be given to the private persons for development.
But that is not the end of the matter. In this particular case if it was desired to raise such a question, that should have been done at the earliest moment advocates in Supreme Court of India the trial Court when the facts could have been established by evidence. By this covenant the transferees were invested with the right to call upon the transferors to ” take back ” all or any of the houses and to return the price therefor, indicating thereby that the price paid is in truth charged upon the property, By calling upon the tenants to attorn to the transferees, possession of the property transferred was delivered and pursuant to the transfer, it was mutated in the names of the transferees.
Union of India and Ors. [11], Ravi Khullar and Anr. In the test identification parade, PW8 identified Chintoo Singh (A- 5) and Birendra Bhagat (A-3) as the persons who took away ransom money from the carrier of his cycle. When we examine the matter from the aforesaid angle, we reach an irresistible conclusion that the High Court has gone an extra mile in finding the solution to the problem and balancing the equities in a manner which is favourable to the land owners. 270 of the Constitution Act could not take the place of a sanction under s.
Since such a discretion is exercised, we would not like to interfere with that discretion, more so, when a very fair stand is taken by Mr. Held: (1) that the reference and the award could not be challenged on the ground that they purported to deal with foreign immoveable properties because (a) at the time when the matters in dispute were referred to arbitration it was on the basis of the finding of the trial lawyers Supreme Court of India that the lawyer Supreme Court of India had no jurisdiction to deal with foreign immoveable properties, and (b) the award did not divide the said properties or declare their shares in them, but merely recited the fact that the parties having become divided and accepted a half share in each of the branches they would hold and enjoy the properties half and half.
In this way, discretion is exercised by the High Supreme Court of India law firms in entertaining the writ petitions on merits. 197, Criminal Procedure Code, because the scope of the two (1) [1955] 1 S. The prosecution alleged that although the fatal injury was inflicted by only one of the accused persons on Gurudip Singhs head since the same was in prosecution of the common object of unlawful assembly, all those who were members of the assembly were guilty under Section 302 read with Section 149 of the IPC.
At that time, two persons came out of the hut and took away the money from the carrier of PW8s cycle. The deed does not set out the period within which this right is to be exercised by the transferees. Evidently the transferors bave under the deed a right to call upon the transferees to reconvey the properties within five years from the date of the conveyance; but after the expiry of four years and six months the transferees are given the option to call upon the transferors to take back all or any of the properties for the prices mentioned in the deed ; and if such right was exercised the transferors were bound to take back the properties and return the price even if on account of vis major or action of the public authorities the property was prejudicially affected.
Union of India and Ors. 2006, PW8 wrapped the ransom amount in a plastic bag and kept it in a gunny bag under the carrier of his cycle and accompanied by Ranjeet Kumar Ram (A1), Sanjeet (A-2) and Sanjay (A-4), PW8 went to pay the ransom amount to the kidnappers. While the law on the principle of audi alteram partem has progressed in the manner mentioned above, at the same time, the Courts have also repeatedly remarked that the principles of natural justice are very flexible principles.
[13]] Once we look into the matter from the aforesaid prospective, the argument of the appellants that giving away of the land by allotment to the private developers for construction of residential units gave them the fresh cause of action, gets dented to a great extent. Granting that the option of reconveying -the properties against the price mentioned in the deed was to be exercised by the transferors before the expiry of five years from the date of the deed, the covenant that damage to property even on account of circumstances over which the transferees had no control was in the 125 event of reconveyance to be borne by the transferors, is strongly indicative of a mortgage.
It all depends upon the kind of functions performed and to the extent to which a person is likely to be affected. Rao, learned senior counsel appearing for the Noida authority, as mentioned above. It also appears that no argument was raised in the High Court that the sanction under s. [12], Anand Singh and Anr.