Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Document -- Construction - Whether Will or deed of gift - As per deed title to transfer after death of executor and his wife whichever may occur later - Held, document is a Will and not a gift deed...........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 420, 406, 120B, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 420, 406, 120-B, 506 IPC and Ss.3 & 4 Dowry Prohibition Act - Parties compromised - All articles given as gift prior to marriage returned and in addition a sum of Rs.50, 000/- also paid - One of the parties backed..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Even a silence may sometime indicate acceptance - It is not necessary to prove any overt act in respect thereof as an express acceptance is not necessary for completing the transaction of gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - To constitute a valid gift its acceptance is essential - Transfer of Property Act does not provide any particular mode of acceptance - There may be various means to prove acceptance of gift - Documents may be handed over to donee - It will amount to valid acceptance - The fact that possession had been..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Should be voluntary - It should not be subjected to any undue influence - It does not require any consideration...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Once a gift is complete, the same cannot be rescinded - A subsequent conduct of a donee cannot be a ground for rescission of a valid gift...........
Compensation -- Public services - Deficiency in service - No objection certificate - For transfer of Shop - cum - Flat by gift deed - Delay of 11 months in issuance - In the mean time Stamp duty and registration fee enhanced on gift deeds - Appellant had to incur an extra expenses to the tune of Rs. 1,61,210/ - as difference in the rate of stamp duty and registration fee..........
Muslim Law -- Hibba (Gift) - Requirement of a valid Hibba - For a valid Hibba donor must declare that he gifted the property to donee but in a case where possession is already with the donee and both of them are living together there is no need to hand over the possession of the property to the donee - In such cases, some overt act in furtherance to Hibba is essential to..........
Hindu Succession Act, 1956, Section 22(1) -- Preferential right of a co-heir to purchase the property of other co-heir - This right is akin to the right of pre-emption - Expression 'one of such heirs proposed to transfer his or her interest' also include the final transfer of such interest by way of sale, gift or any other mode - Right of pre-emption is not obliterated..........
