Transfer of Property Act, 1882, Section 52 -- Pendente lite purchaser - Intention of legislature is not to declare a pendente lite transfer by a party to suit as void or illegal but it also mandates that pendente lite purchaser is bound by decision in pending litigation...........
Civil Procedure Code, 1908, Section 25, Guardians and Wards Act, 1890, Section 9(1), 25 -- Petition for custody of child filed by husband - Dismissal of transfer petition does not confer jurisdiction upon a Court which it otherwise does not vest in it as transfer of petition is permissible on the ground of inconvenience...........
Transfer of Property Act, 1882, Section 55 -- Auction sale - S.55 of the Act is not attracted to auction which only invited offers for potential purchasers...........
Kerala Stamp Act, 1959, Article 47 -- Reconveyance of mortgaged property - Transfer of title and possession - It amounts to release and not reconveyance - Deed sought to be registered relates to release of documents deposited and not reconvey of any property...........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 4, 24 -- Allotment of land - Transfer of claim - Validity - Allotment of land can be made to displaced persons possessing verified claim only within same sale unit i.e. District - However, transfer of claim can be made only by competent authority for some tangible reasons on record to justify transfer..........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Application U.O.1.R.10 CPC, does not decide rights of parties, rather, provides opportunity of hearing - S.52 of Transfer of Property Act, cannot be taken as obstruction for impleadment even if party may plead bonafide purchase of land - Petitioners allowed to be impleaded...........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the present petition to competent Court..........
Transfer of Property Act, 1882, Section 19, 21 -- Vested interest and contingent interest - Difference - Person gets vested interest in immoveable property where there is immediate right in present enjoyment or present right for future enjoyment whereas interest is contingent when right of enjoyment is dependent upon an event which may or may not happen and when that event..........
