Transfer of Property Act, 1882, Section 19 -- Vested interest - Will - Compromise agreement - Settlement deed in respect of suit property owned by owner and his wife has not created any vested right in praesenti including any right in the form of right which could be enforced in future - Even, wife has ownership right in suit property which she has acquired upon death of..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of respondent as plaintiff no.3 as assignee - Suit for specific performance - Application filed after 27 years of filing of suit - No explanation offered for such inordinate delay - High Court was not right in holding that mere transfer/assignment of agreement will be sufficient to grant leave to respondent to..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Determination of nature of document - Suit decreed by two Courts - It was prudent to re-examine the deed document in its original vernacular version, rather than to rely upon meaning assigned to recitals according to unofficial translators understanding...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Recitals in the document are specific that vendor was in need of money to run the vehicle purchased by him on hire and was selling the shop to raise money for this purpose - Said recitals in the document are self explanatory and did not evidence any mortgage..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation by transfer of Investigating Agency - Earlier FIR closed by police on the ground that dispute was civil in nature - De facto complainant filed a protest petition against closure report - Pending such protest petition DGP transferred investigation for reinvestigation to CBCID - However, leave of Court not..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 86(1)(d) -- Agreement to sell - Applicability of provisions of Societies Act - Jurisdiction of Arbitrator to decide the dispute - Object of society is to establish cooperative basis, settlements or housing schemes and in furtherance of said object it can procure lands on purchase, hire, sell, lease or..........
Constitution of India, 1950, Article 139A(2), Supreme Court Rules, 1966, Order 41, Rule 2, Civil Procedure Code, 1908, Section 25 -- Transfer of petition - Supreme Court has been conferred with power by Constitution u/Art.139A(2) to transfer cases and has also been conferred statutory jurisdiction to transfer case - Rules have been framed accordingly - Supreme Court has..........
Family Courts Act, 1984, Section 11, Constitution of India, 1950, Article 15(3) -- Proceedings in camera - Video Conferencing - When most of time, case is filed for transfer relating to matrimonial disputes governed by Act, statutory right of woman cannot be nullified by taking route to technological advancement and destroying her right under law, more so, when it relates..........
Family Courts Act, 1984, Section 9, 10, 11 -- Proceedings in camera - Video Conferencing - Hearing of matrimonial disputes may have to be conducted in camera - After settlement fails and when joint application is filed or both parties file their respective consent memorandum for hearing of case through Video Conferencing before concerned Family Court, it may exercise..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20(2), Limitation Act, 1963, Article 113 -- Eviction petition - Limitation - There is no provision under Limitation Act, providing for limitation in filing a suit against a tenant when a ground for eviction exists under a statue - S.20(2) of the Act only creates a bar to file a..........
