Showing : 191-200 of 491 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 55-- It is documents of title which must be produced for examination by the buyer - So far enquiry regarding clearance or exemption from the Endowment Department is concerned the same is not a document of title relating to the property which would benefit the buyer for examination for the purpose of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 8, Delhi Development Act, 1957, Section 21-- Allotment of plot - Condition - Allottee should not own property in Delhi - Exception as regards applicants owning less than 65 sq. m. of land in jointly owned plot or land - Plea that exception not applicable to apartment owners - Not tenable - Term of exemption being specific and unambiguous,..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105-- Lease or licence - Test to determine - (1) To ascertain whether a document creates a licence or lease, 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..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Easement Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105-- Lease or licence - Test to determine - Use of terms 'lease' or 'licence', 'lessor' or 'licencor', 'rent' or 'licence fee' by themselves are not decisive - Conduct and intention of the parties before and after the creation of relationship is relevant to find out the intention...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 53A-- Part performance - Ingredients of the provision of S.53-A TPA are : (1) a contract to transfer immovable property; (2) the transfer should be for consideration; (3) the contract must be in writing; (4) it should be signed by or on behalf of the transferor; (5) the terms of the contract can be..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 27-- Failure to prove relationship of landlord and tenant - In the event landlord proves his title he can get a decree of possession on the basis of title - Defendant can raise a contention that he had acquired an indefeasible title by adverse possession...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 106-- Tenancy governed by Rent Act - After termination of tenancy tenant does not become a trespasser - He becomes statutory tenant...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 3-- Immovable property - When an immovable property such as land is transferred by way of assignment of lease, all appurtenances thereto attached to the earth such as buildings and fixtures thereto would also stand assigned...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Transfer of Property Act, 1882, Section 54, 23-- Market value - Sale consideration - Question as to whether it is on the date when agreement was executed or on the date when deed is executed - There is no straight jacket formula - Depends upon various factors - Where delay is caused intentionally to execute deed after execution of agreement,..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Stamp Act, 1899, Article 23, 63, Transfer of Property Act, 1882, Section 54, 105-- Lease - Assignment of lease hold rights - It is merely an enjoyment of land and not transfer of ownership - Document is a transfer of assignment of lease and not an outright sale of land - Stamp duty not to be calculated on the market value but on the amount of consideration mentioned in the deed..........

Showing : 191-200 of 491 Results