Showing : 151-160 of 482 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 8, Evidence Act, 1872, Section 101, Transfer of Property Act, 1882, Section 54-- Sale of minor's property - When a person after attaining majority, questions any sale of his property by his guardian during his minority, the burden lies on the person who upholds/asserts the purchase not only to show that the guardian had the power to sell but further that whole transaction was..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Arbitration and Conciliation Act, 1996, Section 8-- Arbitration - Mortgage suit - Jurisdiction of Courts - Mortgage is transfer of right in rem - Mortgage suit for sale of mortgaged property is action in rem, for enforcement of right in rem - Suit on mortgage is not mere suit for money - Suit for enforcement of mortgage being enforcement of right..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Evidence Act, 1872, Section 92, Transfer of Property Act, 1882, Section 54-- Sale of property - As per the sale deed, sale consideration received by vendor and possession of property was delivered - However, vendor can show that infact no consideration was received by him and no possession was delivered to purchaser - Such evidence is admissible to contradict recitals in..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 54, 55(4)(b)-- Sale - Execution of sale deed though entire consideration not paid to vendor - Title of property does not pass to purchaser where intention of parties is that passing of title will depend upon passing of consideration - However, evidence is admissible for purpose of contradicting recital in deed..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52-- Lease and license - Distinction - A lease is a transfer of an interest in land - The interest transferred is called the leasehold interest - The Lesser parts with his right to enjoy the property during the term of the lease, and it follows from it that the lessee gets that right to the exclusion..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Government Grants Act, 1895, Section 2-- Transfer of Property Act, 1882 - Appellant under Govt. Grant act granted distinct licenses for the purpose of marinating depot for storage of petroleum products at yearly license fee - Held, Govt. Grants Act being a special statute would override general statute i.e. T.P.Act - Rights and..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105-- Lease - Definition of lease contained in S.2(16)(c) of Stamp Act is very wide and even if the transaction does not amount to a lease u/s 105 of TPA, the same may nonetheless be a lease for the purpose of the Act...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - For a transaction to constitute mortgage by conditional sale it is necessary that the condition is embodied in the document that purports to effect the sale - That requirement is stipulated by the proviso which admits of no exceptions...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 58(e)-- English mortgage - For a transaction to constitute an English mortgage essential conditions to be satisfied are : (1) The Mortgagor must bind himself to re-pay the mortgage money on a certain date; (2) The property mortgaged should be transferred absolutely to the Mortgagee; (3) Such absolute..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Transfer of Property Act, 1882, Section 52-- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the..........

Showing : 151-160 of 482 Results