Showing : 1351-1360 of 2091 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Elements required for the applicability of the provision are : (1) There must be a suit or proceeding pending in a Court of competent jurisdiction; (2) The suit or proceeding must not be collusive; (3) The litigation must be one in which right to immovable property is directly and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 106-- Notice - Absence of specific or implied denial as to receipt of notice - Service of notice has to be taken to be admitted...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 106-- Notice - Proof of - Notice neither signed by attorney of plaintiff nor signatures of Advocate identified by any person - Notice however replied by respondent - Held, as there is acknowledgment of notice therefore the lease stood terminated on issuance of notice...........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 107-- Lease or licence - A grant of exclusive possession can only be a licence and not a lease where the grantor has no power to grant a lease - User of the terms like `lease' or `licence', `lessor' or licensor', `rent' or `licence fee' is not by itself decisive of the nature of the right created by the..........
CALCUTTA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 107-- Lease or licence - Company taking premises on rent - Giving premises to its employee - Rs.375/- deducted from salary of employee as rent - Held, it created licence and not lease - Word `rent' was loosely used for `fee' - Intention of parties was to bring into existence merely a licence and not a..........
MADRAS HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 106, 116-- Expiry of lease period - Landlord has no right to enter his own building - Landlord can evict tenant through due process of law only i.e. by filing a suit or other proceedings - Even when tenant is in arrears of rent landlord has no right to evict the tenant forcibly or put a lock on the same...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Delhi Rent Control Act, 1958, Section 6A, 8, Transfer of Property Act, 1882, Section 106-- Suit premises let out to four brothers - Suit for eviction filed - Defence put up that tenancy was not joint but it was separate of four brothers - Lease deed clearly stipulates that it was executed in favour of all the brothers jointly and it is a composite one and not individual one - Held,..........
KERALA HIGH COURT
Year of decision: 2005
Details
Transfer of Property Act, 1882, Section 52-- Subsequent purchaser during pendency of suit - Defence that transferee is a bona fide purchaser for value without notice of earlier transaction is not available to such a transferee...........
KERALA HIGH COURT
Year of decision: 2005
Details
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 52-- Subsequent transferee - S.19(b) SRA applies to transfer before institution of suit and S.52 TPA applies to transfer after institution of suit - Both the provisions operate in different fields - The moment suit is filed parties are governed by S.52 TPA - Subsequent transferee after institution of..........

Showing : 1351-1360 of 2091 Results