Showing : 31-40 of 289 Results

SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106, 107-- Lease - Unregistered - In the absence of a registered instrument, Courts are not precluded from determining the factum of tenancy from other evidence on record as well as conduct of parties...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106-- Lease - A deemed monthly tenancy is created in those cases where there is no express contract to the contrary, which is terminable at a notice period of 15 days...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106-- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106, 107-- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the..........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 80, Transfer of Property Act, 1882, Section 106-- Composite notice u/s 80 CPC and S.106 T.P.Act - Permissible and valid - Purpose of notice u/s 106 of the T.P. Act is to determine the tenancy and to give information of the proposed legal action and purpose of notice u/s 80 CPC is to give the authorities sufficient information regarding proposed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106-- Notice - Even filing of suit amounts to service of notice u/s 106 of the Act...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106-- Provisions of TPA Act in terms of S.106 of the Act are not applicable in State of Punjab - However, only equitable principles are applicable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 106-- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 107, 106-- U, registered agricultural lease - Not admissible in evidence and cannot be looked into for the purpose of determining duration of lease - Since lease being admittedly agricultural lease, same can be deemed to be from year to year in view of provision of S.106 of the Act...........
BOMBAY HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 105, 106, Evidence Act, 1872, Section 61, Registration Act, 1908, Section 17-- Lease - Unregistered - Relationship of landlord and tenant established by other evidence available on record - Non-registration of lease agreement is immaterial for establishing relationship of parties as landlord and tenant...........

Showing : 31-40 of 289 Results