Showing : 51-60 of 506 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Consumer Protection Act, 1986, Section 12-- Deficiency in service - Allotment of flat - Delay in handing over flat - Appellants transferred property to third party despite their contractual obligation towards complainants - No reasons were given for the same - Obligation was on appellant to show that he was unable to transfer property to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105-- Lease - Expression "Lease" under Stamp Act has a wider meaning as compared to its original meaning contained in S.105 of T.P. Act, in view of use of expression "and includes also" in S.2(16) of Stamp Act...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 53A-- Agreement to sell - Part performance - Party can defend his possession against true owner on the strength of agreement to sell subject to proving the requirements of S.53-A of the Act, but once his suit for specific performance stood dismissed, protection available u/s 53-A of the Act is no longer..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Attesting witnesses - Execution of sale deed does not need any attesting witness like gift deed which requires at least two attesting witnesses at the time of its execution as per S.123 TPA...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68-- Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Determination of nature of document - Suit decreed by two Courts - It was prudent to re-examine the deed document in its original vernacular version, rather than to rely upon meaning assigned to recitals according to unofficial..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Recitals in the document are specific that vendor was in need of money to run the vehicle purchased by him on hire and was selling the shop to raise money for this purpose - Said recitals in the document are self explanatory and..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d)-- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 58(c)-- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and..........

Showing : 51-60 of 506 Results