Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 302, 324 -- Transfer of investigation to CBI - Double murder case - Police could not solve case, for more than 2 years and 5 months, despite their best efforts - It seems that police has not made serious efforts to trace out the assailants/murderers -..........
Criminal Procedure Code, 1973, Section 407, Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22, 23 -- Transfer application by husband - FIR has been filed against family members of wife u/Ss.147, 149, 323, 325, 506 IPC on ground that husband had suffered grievous injury and remained admitted to hospital - Investigation in FIR is still in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once plaintiff has come to know about transfer of suit property in favour of subsequent vendees, it has become his compulsive necessity to implead them - Presence of subsequent vendees was not necessity of plaintiff only, but it would also facilitate trial court to arrive at just conclusion, so as to do..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Ownership of plaintiff over suit property had been duly established on record - Bank did not exercise due diligence at time when suit land was mortgaged with it by defendant - Mortgage was sought to be created after plaintiff had filed a suit for specific performance, thus, rule of lis pendence would be..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Defendant-appellant, vide agreement to sell agreed to sell land along with its incidental rights in favour of plaintiff and also received earnest money - However, when defendant-appellant was not found interested in honouring agreement to sell, plaintiff filed his suit for possession by way of specific possession..........
Transfer of Property Act, 1882, Section 43 -- Person who has no title over the property cannot confer title upon third party...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Mere condition of re-purchase will not make a document a mortgage by conditional sale as there can be an absolute sale with a condition for repurchase...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to re-purchase - Intention of parties is the determining factor - Intention has to be gathered in the first place from the document...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to re-purchase - Father of plaintiff raised a loan to discharge his debts for which purpose he executed the mortgage - There is no condition in the deed that sale will become absolute after expiry of five years's period - Father of plaintiff is in continuance in..........
