Showing : 341-350 of 518 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 106-- Eviction petition - Notice u/s 106 TPA - There is no legal requirement for issuance of a notice u/s 106 of Transfer of Property Act before institution of an eviction petition...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 106-- Eviction petition - Notice u/s 106 TPA before institution of eviction petition - Condition as to issuance of notice printed on back side of rent receipt issued by landlord - On this basis parties cannot be said to have accepted it as a condition of lease - Rent receipt is a document issued by..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 116-- Lease - Acceptance of rent after expiry of lease period - Held, mere acceptance of rent for the subsequent months in which the lessee continued to occupy the lease premises cannot be said to be a conduct signifying `assent' to the continuance of the lessee even after expiry of lease period...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 111(d)-- Doctrine of merger - Co-owners - Tenant purchasing rights of some of co-owners - Tenancy does not come to an end - Tenant remains a tenant - Tenancy will extinguish by merger if tenant purchases entire rights of landlord in whole of premises...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 111(d)-- Doctrine of merger - Tenant purchasing rights of some of the co-owners - Tenancy does not come to an end - Landlord can seek eviction of such a tenant on the grounds available to him under Rent Act...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 111(d)-- Co-owners - Premises let out - Tenant inducting sub-tenant - Sub-tenant purchasing whole of the property and acquired full ownership rights - Sub-tenancy extinguishes by merger into ownership - Sub-tenant is entitled to evict tenant - Right of reversion, vesting in owners comes to vest fully and..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 111(d), 109-- Doctrine of merger - It is founded on the principle that two estates-one larger and one smaller cannot - and need not - coexist, if the smaller estate can in equity, and must in law, sink or merge into the larger estate - One cannot be an owner and sub-lessee both at the same time. The smaller..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale and sale with a condition of repurchase - Distinction - In a mortgage, debt subsists and a right to redeem remains with the debtor; but a sale with a condition of repurchase is not a lending and borrowing arrangement - There does not exist any debt and no right to..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52-- Transferee pendente lite - Impleading as a party - Application of transferee pendente lite for impleading him a party to the suit should ordinarily be allowed...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Impleading of a party - Transferee pendente lite - Can be impleaded as a party if his interest in the subject matter of suit is substantial and not just peripheral - Court has discretion in the matter which must be judicially exercised and an alienee would ordinarily be joined as a party to enable..........

Showing : 341-350 of 518 Results