Showing : 261-270 of 491 Results

SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 62, 111-- Evidence Act, 1872, Section 115 - Estoppel - Tenancy followed by mortgage - Suit for redemption - Mortgagee disputing right to recover possession - Mortgage deed acted upon - Parties altered there position knowingfully well there mutual rights and obligations under the agreement - Mortgagee..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 111(f)-- Tenancy - Implied surrender - Implied surrender of tenancy may be either - (i) By creation of a new relationship - (ii) By relinquishment of possession - Virtual taking of possession is not sine quo non for implied surrender, as the same can be created by a new relationship also - A tenant may..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 41, 43-- Transfer by ostensible owner & Transfer by unauthorised person who subsequently acquires interest in property transfered - Distinction - Section 41 - Based on the law of estoppel to the effect that if a man has represented that the transferor consents to an act which has been done and that he..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 3-- Agreement to sell - Specific performance - Time for performance of agreement not fixed - Sale deed executed in favour of third party and possession delivered - Registration of sale deed amounts to notice - Suit filed after two years of having such knowledge - Suit though not barred by limitation..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 43-- Scope - Embodies `rule of feeding estoppel' - Provides that a person who makes a representation shall not be heard to allege contrary as against a person who acts thereupon and it is immaterial whether transferor acts bonafide or fradulently in making the representation...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 43-- Doctrine of `feeding the estoppel' - (i) Meaning - where a grantor has purported to grant an interest in land which he did not at the time possess, but subsequently acquires, the benefit of his subsequent acquisition, goes automatically to the earlier grantee - (ii) Principle - a person who..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 52-- Doctrine of Lis pendens - Scope - Section 52 merely prohibits a transfer - It does not state that the transfer would result in an illegality - Purchase during pendancy of a suit would be bound by the result of the litigation - Transaction will not be rendered void and/or of no effect...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52-- Impleadment of a party - Suit for partition - Transferee pendente lite - In no case rights of plaintiff will be affected - Purchasers are necessary and proper party - Allowed to be impleaded as a defendant in the suit...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Order 1, Rule 10-- Transferee pendentilite - Necessary & proper party - Suit for partition of joint land among co-sharers - Undivided share in the suit property sold by some co-sharers - Vendees entitled to come on record in order to work out equity in their favour in the final decree proceedings. Held - Vendees..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52-- Transfer pendente lite - Necessary Party - Suit for specific performance of agreement to sell - Injunction regarding alienation - Portion of suit land transferred - Application under O1 R10 by transferee for impleading party - Applicant being transferee pendente lite without leave of Court cannot..........

Showing : 261-270 of 491 Results