Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Presumption shall always be in favour of bonafide of a transaction and it requires strong contrary evidence to tilt probability in favour of one who alleges fraud...........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Cannot be sought on the ground of illness...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Transfer of Property Act, 1882, Section 107 -- Lease - U, registered deed of lease cannot be treated as lease as per requirement of S.107 of the Act...........
Transfer of Property Act, 1882, Section 114 -- Eviction - Default in payment of rent - No statement with specific stipulation that tenant is ready to pay arrears of rent - There was thus, no endeavour to derive benefit of S.114 of the Act - Oral submission of counsel cannot meet requirement of S.114 of the Act - Tenant liable to be evicted...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Registration of gift deed after death of donor by his LR has same effect as its registration by donor himself during his lifetime, as it is not necessary for validity of a deed of gift that it should be registered by donor himself...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Merely because parties are nearly related to each other or donor was old and infirm, no presumption of undue influence or fraud can arise...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2 was all long consistent on..........
Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........
