Showing : 1281-1290 of 2122 Results

DELHI HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 105-- Lease or licence - To ascertain whether a document creates a licence or lease (1) the substance of the document must be preferred to the form; (2) the real test is the intention of the parties whether they intended to create a lease or a licence; (3) if the document creates an interest in the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61-- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash & ors...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16-- Bonafide transferee under agreement - Protection under Section 53-A - Agreement to sell - Possession delivered to vendee - Vendee failed to get sale deed executed - Suit for possession by vendor - Vendee seeking protection u/s 53-A - Vendee failed to plead and prove his readiness and willingness..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 53A-- Protection u/s 53-A - When and to whom available - Section 53-A protects the bonafide transferee under agreement, who has perfomed his part of agreement, which could not be completed in the prescribed manner - Transferee has to establish by his conduct that he was always ready and willing to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 54, 51, 52-- Bonafide purchaser - Decree on basis of oral family settlement - Mutation not got sanctioned on that basis - Subsequent sale of property - Purchasers purchased property on verifying revenue record which did not reflect any right or title in favour of appellants - Held, purchasers are bonafide..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Registration Act, 1908, Section 17(1)(b)-- Consent decree - Registration of - Transfer of immovable property of more than Rs.100/- in value - No evidence on record to show any family settlement between parties to decree - Decree complusorily registrable - Not registered - Decree not recognisable in the eye of law - Bhoop Singh's case AIR..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Specific Relief Act, 1963, Section 10, 19-- Agreement to sell - Subsequent transfer of property by vendor in favour of her daughter-in-law vide Civil Court decree - Civil suit filled by vendor challenging said decree - Rights of vendee sought to be defeated by taking recourse of subsequent event of suffering collusive decree by vendee -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 5, Registration Act, 1908, Section 60, Evidence Act, 1872, Section 101-- Registration certificate - Registration of a document is a solemn act to be proformed in the presence of competent officer - Registered sale deed would be prove of admission of receipt of consideration made before the Registrar - Burden of proof is on the person who denies the fact of non passing..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Transfer of Property Act, 1882, Section 54, 5, Registration Act, 1908, Section 60, Civil Procedure Code, 1908, Order 13, Rule 4, Evidence Act, 1872, Section 61-- Sale deed - Consideration - Proof - Scribe or attesting witness not examined - Sale deed exhibited without objection - Held, once the document is exhibited on record and marked as such, the contents thereof would stand proved - Sale deed containing certificate of Sub Registrar showing vendor..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Transfer of Property Act, 1882, Section 105-- Splitting up of tenancy - Property sold to three different persons - Entire property occupied by one tenant - Landlord seeking eviction from the portion owned by him - Held, splitting of tenancy has occurred due to operation of law and interest created in three different persons in pursuance to..........

Showing : 1281-1290 of 2122 Results