Transfer of Property Act, 1882, Section 58 -- Mortgage - Doctrine of substituted security applies to mortgages also...........
Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8 -- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Question of existence of any love and affection between plaintiff and defendant is not the criteria to hold gift deed as invalid...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Execution of registered gift deed not denied by plaintiff in favour of defendant by her - Question of examining attesting witnesses to gift deed by defendant to prove execution of said gift deed does not arise...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - No pleading of fraud or collusion - Plaintiff challenged legality of gift deed solely on ground that there was no consideration of love and affection between herself and defendant - She even not challenged the revenue entries made in favour of defendant on the basis of registered gift deed - Plaintiff..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of a party is one of the relevant considerations but cannot override all other considerations such as availability of witnesses exclusively at original place, making it virtually impossible to continue with trial at the place of transfer and progress of which would naturally be impeded from that..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Convenience of parties does not mean convenience of petitioner alone who approaches Court on misconceived notions of apprehension - Convenience for purposes of transfer means convenience of prosecution, other accused, witnesses and larger interest of society - Apprehension voiced by petitioner of possible..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Alleged to be obtained by fraud and misrepresentation - Sub Registrar in his evidence stated that sale deed was executed after it was explained to the parties about contents of the sale deed - PW2 & PW3 who attested sale deed nowhere stated in their statement that executant was not in good state of mind at the time..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Possession u/s 14 of the Act - Transfer of secured asset by creditor - Only secured creditor can maintain an application of possession u/s 14 of the Act - Transfer of secured asset by creditor who only had symbolic possession of property and not having actual..........
Transfer of Property Act, 1882, Section 123 -- Gift - Self acquired property of a female - Hindu Female is competent to execute gift of her self-acquired property - No case of fraud is proved - However, gift deed is not executed in accordance with S.123 of the Act, as it is not attested by two witnesses - Gift deed held, void...........
