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Results of s 41 of tpa

Showing : 1-10 of 58 Results

PUNJAB & HARYANA HIGH COURT

Year of decision: 2011
Details

Transfer of Property Act, 1882, Section 41 -- Purchasers pendente lite - Once it is proved that purchase of property was during the pendency of suit then transaction is hit by rule of lis pendens - Thereafter, question of their bona fide purchaser and protection u/s 41 of the Act does not arise at all...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Protection of bona fide purchaser - Vendor agreed to sell the house in its entirety in which his wife had one half share - Vendee sought protection of bona fide purchaser - Held, protection of bona fide purchaser is available only when the vendor is ostensible owner of property - Since it was not even the case of the vendee..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 19, Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Evacuee land allotted to displaced person - Allottee transferring land through sale for valuable consideration - Chief Settlement Commissioner cancelled allotment being invalid - Held, transferee is not entitled to protection of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - In order to succeed in a plea of bona fide purchaser, u/s 41 of the Act, it is to be proved, that the transferor is ostensible owner - That he is so with the consent express or implied of the real owner - That the transfer is for consideration, and that the transferee has acted in good faith taking..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - U/s 41 of the Act express or implied consent has to be valid and free consent - In case, transfer is procured by fraud and misrepresentation in absence of bona fide, the plea of bona fide purchase is not available - Fraud vitiates everything...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Express or implied consent - The same is to be on the part of the vendee or with his consent, by his vendor - In absence thereof, it would be unfair to deny the right to contest to the subsequent vendee - It is for the party alleging fraud to prove the fraud and misrepresentation, as no presumption can be..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Ostensible owner - Vendee of such owner is entitled to the protection of bona fide purchaser u/s 41 of the TPA - After coming into force of Benami Transaction (Prohibition) Act, the consent of true owner has lost significance as for all intents and purposes, the person registered as owner of the property..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- `Person' - Includes Union or the State Government - `Person' has not been defined in the statute, therefore, needs liberal interpretation...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41 -- Provision of S.41 of the Act has no application where transfer is held invalid u/ss 19 & 24 of the Act, as no estoppel can be pleaded against the provisions of the statute...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Transfer of Property Act, 1882, Section 41, 24, 33 -- Non availability of protection u/s 41 of the Act - Not a bar to the subsequent vendee, also being a proper party, to contest the order of cancellation by resorting to the provisions of Ss.24 & 33 of the Act...........

Showing : 1-10 of 58 Results