Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction - Suit property was subjected to auction in execution of a money decree and said sale was confirmed in favour of predecessor-in-interest of appellant - Title in immovable property vests in auction purchaser on confirmation of sale - If auction purchaser gets possession and is in possession on date of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has appeared before I.O. pursuant to interim protection granted and there being a civil dispute between parties with regard to immovable property - Co-accused have been already granted bail - Anticipatory bail granted...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere act of purchasing immovable property, even multiple units, cannot ipso facto attract exclusion clause of S.2(1)(d) of the Act unless and until it is proved that dominant purpose behind such purchase was commercial in nature - In absence of such proof, appellants cannot be excluded from definition of consumer..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Mere factum of leasing out flat does not by itself demonstrate that appellants purchased the property with dominant purpose of engaging in commercial activity...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because husband earns more it cannot be said that wife must necessarily receive half or a substantial fraction thereof - Such an approach would amount to converting maintenance proceedings into a de facto claim for sharing of income or property which is impermissible...........
Auction sale -- Authorities (such as Banks, recovery officers or State bodies) conducting public auctions are legally required to disclose all known encumbrances and litigation relating to property, as failure to do so invalidates the sale - Suppressing such material facts renders auction fraudulent or vitiated by material irregularity...........
