Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, partition and permanent injunction - Plaintiff sought amendment seeking additional plea that defendants i.e elder son and daughter-in-law in breach of their confidential and fiduciary relation to deceased, purported to have got alleged gift deed in their favour, which is in English..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Unfair trade practice - Gift of Reliance mobile not given under Diwali Dhamaal as advertised by respondent - Plea of the respondent that connection reliance company was also required to be taken by the complainant - The advertisement stating that a free mobile set will be given is misleading inasmuch as the..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Delivery of possession - Requirement of - Held, it is not requirement of law that possession of gifted property should accompany making of gift - Law requires only acceptance of gift by donee - In present case, gift deed was handed over by donor to plaintiffs and that is why that they produced it in court -..........
Registration Act, 1908, Section 32, 34, 60 -- Gift deed - Endorsement of Registrar that donor presented the gift deed before him and has admitted execution thereof - Held, in view of provision of Ss.32, 34 and 60 of the Registration Act there is strong presumption in favour of genuineness execution and registration of the gift deed and plaintiffs are not supposed to..........
Will -- Will or settlement - Distinction - Main test to find out whether the document constitutes a will or a gift is to see whether the disposition of the interest in the property is in prasenti in favour of the settlees or whether the disposition is to take effect on the death of the executant - If the disposition is to take effect on the death of the executant, it would..........
Tractor -- Sales Promotion Scheme - Gift - Bullet Motor Cycle - Non delivery to petitioner - complainant - Petitioner purchased the tractor on 26.2.2004 - The scheme was operative w.e.f. 1.3.2004 to 31.3.2004 - The petitioner not covered by the scheme - The State Commission rightly reversed the Order of the District Forum by holding that the petitioner was not entitled to..........
Punjab Security of Land Tenures Rules, 1956, Rule 20C -- Qabuliat Nama never executed - Land declared surplus in the hands of the land owner - Not proved to have been utilized during the life time of land owner - Held, it would thus be incumbent upon the competent authority to redetermine the character of the land in the hands of the petitioners in the context of the gift..........
Specific Relief Act, 1963, Section 26 -- Rectification of sale deed sought on the ground that in fact intention was to execute a gift deed - Instrument tilted as 'Sale Deed' and parties are titled as sellers and purchasers - Sale consideration also mentioned - No document produced to show that plaintiffs intended to execute gift deed - No evidence that document was result..........
Agreement to sell -- Specific performance - Agreement entered into by attorney - Authority given to attorney was to protect the property and not to sell, mortgage, lease, gift or to enter into any agreement for that purpose on behalf of the principal - Agreement entered into by the attorney is not valid and binding on the principal...........
