Transfer of Property Act, 1882, Section 116 -- Tenants at sufferance - Plaintiffs are in possession of suit premises as tenants at sufferance - Although plaintiffs have no right to continue in possession of suit property yet their possession is to be protected by law until they are evicted by taking recourse to law - Said possession cannot be taken by force even by..........
Partnership Act, 1932, Section 69 -- U, registered partnership firm - Sale by one partner of property belonging to firm without consent of other partners - Other partners seeking cancellation of sale - Basis of suit whether co-ownership or factum of partnership - Clause 25(d) of the Partnership deed states that "no partner of the firm shall without the consent in writing..........
Service -- Displacement from the post - Removal or displacement or transfer out of an officer from a sensitive tenure post requires serious consideration and good reasons that can be tested so that the officer is not dealt with as a pawn in a game...........
Criminal Procedure Code, 1973, Section 406, 407, Constitution of India, 1950, Article 142 -- Demolition of Babri masjid case - Power to transfer cases - From one Special Judge to another Special Judge - Conspiracy in Babri Masjid Demolition resulting into nation-wide riots between Hindu and Muslim community - Directions issued to Sessions Court to have daily hearings, also..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f) -- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even,..........
Service -- Promotion - Transfer from one region to another - Rule requiring five years `regular service' in respective regions - Means that candidates should serve for 5 years in their respective regions, i.e where they were posted earlier - If a candidate served in one region and transferred to another and seeks promotion in that region, rule does not require that..........
Service -- Recruitment by transfer - Post of Inspector of police - Reserve Sub-inspector selected and appointed on transfer as Sub-inspector (Civil) carries seniority from the date of appointment as Reserve Sub-Inspector - But still Reserve Sub-Inspector would be ineligible for consideration of appointment as Inspector in case he does not have 6 years of service as..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Registration - Memorandum/letter acknowledging deposit of title deeds - If the memorandum is prepared merely to confirm/acknowledge the deposit of title deeds, registration is not required irrespective of point of time at which it is executed - However, if the memorandum creates rights and..........
Transfer of Property Act, 1882, Section 58(f) -- Mortgage by deposit of title deeds - In order to create mortgage by deposit of title deeds, all that is necessary is mere handing over of title deeds with the intend to create mortgage over property - No formal document is necessary...........
Karnataka Land Revenue Act, 1964, Section 67 -- Acquisition of `Beaulieu' estate by State - Jurisdiction u/s.67 of the Act - Issuance of notice - Evidence on record shows that land was bought for the benefit of First Princess from her personal funds - State claiming said sale to be a fraudulent transfer almost after 100 years - Dispute of title between State and individual..........
