Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Criminal Procedure Code, 1973, Section 407, Negotiable Instruments Act, 1881, Section 138 -- Transfer of case - Dishonour of cheque - Case falling under Negotiable Instruments Act can be transferred in exercise of power u/s 407 Cr.P.C - There cannot be any distinction made between cases falling under Negotiable Instruments Act and other cases...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Landlord has not to prove absolute ownership as under Transfer of Property Act - He has to prove only his title is better than that of tenant - Once tenant has attorned in favour of landlord then u/s 116 of Transfer of Property Act tenant is estopped from challenging title of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Sale deed which is a registered document has to be proved by other evidence...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Not required to be attested by marginal/attesting witnesses - Once sale deed is not required to be attested by marginal witnesses, it is not necessary that attesting witnesses must be examined in Court to prove execution and registration of sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Description in sale deed vague and indefinite - No title passes to the plaintiff...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Mortgagee after having transferred his mortgagee rights which later on enlarges into ownership is not entitled to transfer of ownership rights of same land subsequently...........
Companies Act, 2013, Section 434 -- Winding up petition - Transfer of - Winding up petitions where notice is served and which are pending in High Court, any person could apply for transfer of such petitions to NCLT under the Insolvency and Bankruptcy Code, which would then have to be transferred by High Court to adjudicating authority and treated as an insolvency petition..........
Transfer of Property Act, 1882, Section 114, 111(h) -- Quit notice - Eviction - Where tenancy is determined by simple notice to quit as per S.111(h) of the Act, then S.114 of the Act would not come to rescue of leasee...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Eviction suit - Notice u/s 106 of the Act, seeking termination of tenancy upon expiry of statutory period as per S.111(h) of the Act, duly served upon tenant - Tenancy stood determined upon expiry of statutory period - Tenant liable to be evicted...........
