Showing : 91-100 of 1116 Results

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 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...........
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..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52, Registration Act, 1908, Section 17, 49-- Lis pendens - Doctrine of - Whether applies to a sale deed executed prior to filing of suit but registered after filing of suit - Held, Yes. - Sale is complete only on registration of sale deed though on registration it relates back to its date of execution - Subsequent purchasers cannot take..........
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..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 118, Registration Act, 1908, Section 17-- Oral exchange - Followed by exchange of possession - Thereafter document executed as memorandum of exchange - Exchange not effected through document - S.118 of Transfer of Property Act is not applicable to the State of Punjab and consequently oral exchange is legally permissible - Memorandum of..........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Object - Doctrine upon which this provision is based is that it would plainly be impossible that any action or suit could be brought to a successful termination if alienation pendente lite were permitted to prevail...........

Showing : 91-100 of 1116 Results