Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - In the absence of any time limit in mortgage deed, there is no limitation to seek redemption...........
Transfer of Property Act, 1882, Section 106, 107 -- Notice for eviction - Lease - Lease in question was for a period exceeding one year - Since it was unregistered, terms and conditions laid down therein were not enforceable nor binding upon parties in view of S.107 of the Act and S.49 of Registration Act - In the absence of any registered lease deed even if tenancy was..........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage - Sale deed - Validity - Mortgage deed was executed by original owner in favour of defendants - Attesting witnesses of mortgage deed proved execution of mortgage deed in accordance with law - Since original owner was not in a position to repay the mortgage deed amount, sale was executed and said fact is mentioned..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of undue influence - Merely because parties are related to each other or merely because executant was old or weak character, no presumption of undue influence can arise - Court must scrutinize the pleadings to find out that such plea is made out before examining whether undue influence was exercised or not...........
Motor Vehicles Act, 1988, Section 50(1) -- Sale of vehicle - Transfer of ownership - Transfer of ownership ought to be registered within 30 days of sale - S.50(1) of the Act, obliges transferor to report the fact of transfer within 14 days of transfer...........
Motor Vehicles Act, 1988, Section 50(1) -- Accidental claim - Transfer of a vehicle - Liability of transferor - Accident occurred within 30 days of transfer - Transfer not made in accordance with S.50 of the Act - So long as name of transferor continues in RTO records, he remains liable to a third person - Transferor held, not absolved from his liability...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a pendente lite purchaser in a suit for permanent injunction - Objection as to - Appellant took illegally possession of suit land and started construction thereon - Appellants not claiming any rights in suit land - Since, applicants having rights in respect of suit..........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 of the Act - Fling of suit can be taken to be a notice u/s 106 of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 43, 434, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5 -- Transfer of pending proceedings - Winding up proceedings - All proceedings u/s 20 of Sick Industrial Companies pending before High Court are to continue as such until a party files an application before High Court for transfer of such proceedings - Once..........
