Transfer of Property Act, 1882, Section 106 -- Notice - Lease - No notice determining lessor and lessee relationship between parties given by plaintiff prior to filing of suit - Suit held, not maintainable for want of such notice...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Co parcenary property - Non payment of consideration - Only the executant of sale deed i.e. Karta of HUF property can file suit on this ground and not the other co-parcenars...........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud - Failure to prove - Sale cannot be set aside only on the basis of contradiction in the manner and time of payment of sale consideration...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney is seen talking to another advocate - Does not mean that District Attorney is not doing her duties properly - No ground transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney posted at a particular place - Not a sufficient ground for transferring the case on mere asking of party - Moreover, if a party has any grouse against District Attorney, he can approach the authorities for changing the prosecutor in the case - No ground to transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Since all the grounds mentioned by petitioner for transfer of trial are totally frivolous and seems to be emerging only from his caste bias therefore, in normal course it would be appropriate case for burdening the petitioner with exemplary cost - However, since petitioner also claims to have some concerns..........
Transfer of Property Act, 1882, Section 122 -- Gift - Cancellation - A conditional gift with no recital of acceptance and no evidence in proof of acceptance, where possession remains with the donor as long as he is alive, does not become complete during lifetime of donor - When a gift is incomplete and title remains with donor the deed of gift might be cancelled...........
Transfer of Property Act, 1882, Section 122 -- Gift - Cancellation - Deed executed for consideration and was in any case conditional subject to the condition that donee would look after the petitioner and her husband and subject to the condition that gift would take effect after the death of donor - There was no complete gift of property in question by the appellant to the..........
Consent decree -- Once brothers decided to transfer property by way of consent decree, same cannot be challenged on the ground that it was not registered...........
