Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction on the basis of sale deeds - Sale of property by owner - Thereafter successors are left with no title - Sale of property by successors confers no title on purchaser regarding said property...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - One of the main object of enacting the Act is to provide the right to women to reside in matrimonial home or shared household, irrespective of whether she has any title in such home or household...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - In case of encroachment, it is always open to Court to appoint a commission to do local investigation - Commissioner shall examine alleged claim of parties based on document of title of both the parties...........
Customs Act, 1962, Section 23(2) -- Relinquish title - Owner of imported goods may, also any time before an order for clearance for home consumption is made/or an order permitting deposit of goods in warehouse is made, relinquish his title to the goods and shall not be liable to pay duty thereon...........
Customs Act, 1962, Section 23(2) -- Relinquish title - Importer may abandon the imported goods even after imported goods have physically landed at any port in India but any time before an order for clearance for home consumption is made/or an order permitting deposit of goods in warehouse orders have been made...........
Agreement to sell -- Specific performance - Plea of defect in title - Once defendant executed agreement to sell, it is not open to him to set up any plea of defect in his own title, which has been engineered by him only to frustrate the right of plaintiff...........
Agreement to sell -- Specific performance - Defendant proved to be exclusive owner of suit property - Share of brother of defendant was already segregated in family partition - Question of title in a suit for specific performance is not required to be gone into - All pleas taken in defence by defendant are only for the purpose of denying right created in favour of..........
Stamp Act, 1899, Article 6 -- Stamp duty - Loan agreement - Merely the loan agreement executed between petitioner/bank and its borrower cannot be treated as an agreement relating to deposit of title deeds for the purposes of Art.6 of Act, unless the deposit of title deeds is accompanied by a letter, note, memorandum or writing evidencing agreement relating to deposit of..........
Stamp Act, 1899, Article 6 -- Stamp duty - Loan agreement - Agreement executed between parties does not contain the stipulation in writing about creation of mortgage by deposit of title deeds - Loan agreement only provides for a future eventuality requiring giving of security, which necessarily would not fall within the ambit of Art.6 of Act and the same is not chargeable..........
