Showing : 111-120 of 1191 Results

BOMBAY HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68-- Gift deed - Execution - Proof - Plaintiff denied execution of gift deed dubbing it as result of fraud - None of the attesting witnesses examined to prove execution - Mere admission of signatures on the document does not amount to admission of execution of a document - Gift deed thus not proved...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Challenge as to - Lack of consideration - Held, in case of lack of consideration, a stranger to the sale deed cannot challenge the sale on the ground that it is without consideration or a paper transaction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a), Transfer of Property Act, 1882, Section 105-- Landlords filed ejectment petition alleging that they want to open big Departmental Store in all the six floors of the building - During pendency of petition, landlords gave whole ground floor to new concern namely M/s ESPRIT - Tenant contended that requirement of landlords were not bona fide as..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a), Transfer of Property Act, 1882, Section 105-- Landlords filed ejectment petition alleging that they want to open big Departmental Store in all the six floors of the building - During pendency of petition, landlords gave whole ground floor to new concern namely M/s ESPRIT - Tenant contended that requirement of landlords were not bona fide as..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Banking Regulation Act, 1949, Section 6(1)(a), Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13-- Banking business - Includes recovery - Assignment of debt/NPA for recovery of such debt to Banking Company is valid transaction - Such transaction is not prohibited by T.P. Act and is not violative of Public Policy...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 3-- Attestation - In relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 60-- Redemption of part of the property - On payment of part of mortgage debt, mortgagor is not entitled to redeem proportionate mortgage property - Integrity of mortgage cannot be permitted to be broken...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b)-- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is gratuitous and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i)(a), Transfer of Property Act, 1882, Section 106-- Bona fide necessity - Notice u/s 106 TPA bereft of details about nature of business intended to be established in tenanted premises - Held, not fatal, especially when nature of business is disclosed in evidence...........
BOMBAY HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Restraining alienation - Rule of lis pendens may be inadequate to prevent the mischief in certain cases - A person claiming injunction in such a situation has to show that protection u/s 52 of TP Act is not adequate...........

Showing : 111-120 of 1191 Results