Showing : 1-10 of 299 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105-- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show only..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - If sale and agreement to re-purchase embodied in separate documents, then transactions cannot be a mortgage by conditional sale irrespective of whether documents are contemporaneously executed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with a condition to re-purchase - Sale and agreement to re-purchase embodied in separate documents - Defendant agreed to re-convey the property subject to repayment being made as provided in agreement of sale - Since amount was not paid by plaintiff, defendant..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17(1A)-- Agreement to sell - Unregistered - In case vendor files suit for recovery of possession on the basis of ownership, then vendee may not be entitled to protect his possession u/s 53-A of TP Act when agreement to sell is unregistered and was executed subsequent to amendment S.17(1-A) Registration..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 58(c), 54-- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does..........
KERALA HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 52-- Agreement to sell - Executed during pendency of suit - Agreement is hit by doctrine of lis pendens...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Agreement to sell-- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 122-- Gift deed - Validity - Execution of gift deed after execution of agreement to sell and after receiving legal notice - Agreement to sell duly proved and prior in point of time - Defendant was left with no power to deal with property that was subject matter of agreement - Gift deed is null and void...........

Showing : 1-10 of 299 Results