Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Transfer of case to Children's Court - Accused was 16 years 9 months and 7 days at the time of commission of offence - He was declared juvenile by JJ Board - However, Magistrate instead of sending file to JJ Board has passed the order taking cognizance - Magistrate has no power to..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Sought by a person not party to the proceedings - Application is not maintainable...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to direct transfer of undertrial prisoner from one jail to another vests with Magistrate/Court which had remanded detenue to a certain prison...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Merely because prisoner had been an undisciplined prisoner creating difficulties for jail staff, shall not suffice in the matter so as to warrant his transfer from one place to another...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
