Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Civil Procedure Code, 1908, Section 25 -- Petition by wife for transfer of matrimonial case from Mangaluru (Karnataka) to Mumbai - Wife permanent resident of Canada and she must be traveling abroad regularly - No child born out of wedlock to be taken care of - Both the parties are well educated and engaged in their own jobs and professions - Wife can travel to Mangaluru to..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband offered to pay a sum of Rs.50 lacs towards permanent alimony to wife and her daughter - Subsequently he offered to transfer one flat in the name of minor daughter - However, wife not accepted said offer of husband - Wife's desire to live with her husband is not genuine at this stage particularly when she..........
Transfer of Property Act, 1882, Section 100 -- Charge - Charge on an immovable property can be created by acts of parties or by operation of law as provided in S.100 of the Act...........
Transfer of Property Act, 1882, Section 100 -- Charge - Court can only recognize and declare a charge which pre-exists - A Court cannot create a charge anew...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Lack of jurisdiction of a Court to entertain a complaint can be no ground to order its transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Merely because majority of accused and majority of witnesses are residents of place where transfer is sought, is no ground for transfer of case...........
