Showing : 111-120 of 1117 Results

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...........
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 - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even resist execution..........
KERALA HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58, Contract Act, 1872, Section 140, 146-- Loan to a firm - Government standing as a guarantor - Mortgage deed executed for securing loan - Proceeded on failure to repay loan against other properties over and above those covered by that deed as its terms so provided - Does not change the relationship of mortgagee-mortgagor to that of a..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 106-- Notice - When specific date showing expiry of lease period is shown in the lease deed then question of issuing quit notice u/s 106 TPA does not arise...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Easement Act, 1882, Section 52, 61, 63, Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 11-- Licence - Revocation - Suit for ejectment on expiry of licence period - Notice u/s 106 TPA is not required to be served before institution of suit - S.106 TPA is applicable to lease and not to licence - Plaint not liable to be rejected for want of notice u/s 106 TPA...........
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...........

Showing : 111-120 of 1117 Results