Showing : 61-70 of 1081 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the..........
DELHI HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 45, Benami Transactions (Prohibition) Act, 1988, Section 3, 4, 4(2), 4(3)-- Benami transaction - Property jointly owned by plaintiff and defendant and portion of their respective shares yet to be determined - Defendant contended that entire funding was done by him for acquiring property and plaintiff was only a benami partner and not entitled to more than 10% share in..........
KERALA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58, 60-- Mortgage - Purchase of part of the mortgaged property - Where the mortgagee acquires a portion of the property by way of purchase, there is merger of rights and the mortgagors are entitled to a pro rata deduction from the amount due under the mortgage in respect of the property sold...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 56, 81-- Marshalling - Sale of property mortgaged to Bank - Plaintiff can insist upon the mortgagors to have the mortgage debt satisfied out of the properties not sold to plaintiff and in any case if the sale proceeds are not sufficient then to proceed against the suit properties...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 56, 81-- Marshalling by subsequent purchaser raised at appellate stage - Plea of marshalling being pure question of law based upon the decree obtained for specific performance, cannot simply be thrown out merely because the same was not specifically pleaded...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 116-- Tenant holding over - Act of holding over expiry of lease period does not necessarily create a tenancy of any kind - If the lessee remains in possession after the determination of the term, the common rule is that he is a tenant on sufferance...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Agreement to sell - Plaintiff put in possession of property two months prior to execution of agreement to sell in his favour - Plaintiff failed to pay installments as stipulated in the agreement - He also failed to establish his readiness and willingness to perform his part of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 105-- Lease or licence - Distinguishing test - Exclusive nature of possession of property enjoyed by a lessee as opposed to that of licensee - Not the decisive test - Real test is the intention of the parties as to whether parties intended to create a lease or licence...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Transferror cannot enforce any right against the transferee, who is in possession of the property in part performance of the agreement to sell - It is defendant, who can protect his possession by taking shelter u/s 53-A of the Act and plaintiff is not entitled to any such..........

Showing : 61-70 of 1081 Results