Showing : 61-70 of 1210 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Limitation Act, 1963, Section 30, Article 61(a), Limitation Act, 1963, Article 148, 134, Transfer of Property Act, 1882, Section 60-- Redemption of mortgage - Limitation - Held, Article 134 of the Schedule to the Limitation Act, 1908 which is in pari materia with Article 61(a) of Schedule to the Limitation Act, 1963 would apply only if a mortgagee has in making sub-mortgage created an interest in excess of the rights acquired by..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Purchaser pendente lite - Impleaded as party - Cannot legally claim any independent right to contest the suit - He can only watch his interest alongwith other defendants, from whom, he had purchased the land, during the pendency of the suit, as contemplated under Order 22 Rule 10 CPC and doctrine..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 41-- Purchasers pendente lite - Once it is proved that purchase of property was during the pendency of suit then transaction is hit by rule of lis pendens - Thereafter, question of their bona fide purchaser and protection u/s 41 of the Act does not arise at all...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Stamp Act, 1899, Section 2(16), Transfer of Property Act, 1882, Section 105-- Lease - A document not strictly a lease in terms of S.105 of TPA can still be a `lease' u/s 2(16) of Stamp Act and chargeable with stamp duty under Article 35 Schedule 1-B of the Indian Stamp Act...........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52-- Lease or license - (a) substance of the document must be preferred to the form; (b) the real test is the intention of the parties-whether they intended to create a lease or a license; (c) if the document creates an interest in the property, it is a lease; but, if it only permits another to make..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 58(f)-- Mortgage by deposit of title deeds - The memorandum merely recorded a past event of fact of deposit and did not itself create the mortgage - Held, the document did not therefore create the mortgage and hence did not require registration...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Transfer of Property act, 1882, Section 52-- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - When all conditions of provision of S.53-A TPA are satisfied, the possession of the person must be protected by the court whether he comes as a plaintiff or defendant - The only embargo is that S.53-A cannot be taken in aid by the transferee to establish his right as owner of..........
DELHI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105-- Lease or licence - Plaintiff was carrying on business of cloth merchant - Business and premises given to defendant on a fixed monthly amount by clearly stating that plaintiff would not be responsible for any loss in the business and that overall control of business would be retained and supervised..........
DELHI HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 105, Transfer of Property Act, 1882, Section 105-- Lease or licence - Test of exclusive possession of suit property is a relevant criterion for determining as to whether the document has created a lease or a license - However, it is not the sole factor...........

Showing : 61-70 of 1210 Results