Transfer of Property Act, 1882, Section 43 -- Benefit of S.43 of the Act - Suit for declaration - Plaintiff claimed to be owner of whole of suit property by way of sale deed executed by defendant - Defendant on the other hand contended that he had only sold half share in suit property, as other half share belonged to his sister - No evidence on record that defendant had..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer deed in favour of son and grandsons - Set aside - Challenged on technical ground that proper procedure prescribed u/s 23 of the Act is not followed - This technical plea is wholly misplaced owing to the objects and reasons of the Act and with a view to achieve the laudable object of..........
Civil Procedure Code, 1908, Section 114, Constitution of India, 1950, Article 136, 215 -- Review - Transfer of share by member of one group to another group of company - Company Law Board upheld validity of such transfer - Appeal filed against order of CLB - High Court instead of confirming validity of such transfer, interfered with whole resolution and invalidated other..........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10A -- Transfer of suit - Where relief sought by plaintiff is partly or wholly not triable before Court where suit is instituted and both the parties agreed to transfer the case at the stage at which it is pending, Court u/s 24(5) CPC can transferred said proceedings to competent jurisdiction instead of returning the..........
Transfer of Property Act, 1882, Section 60 -- Clog on redemption of mortgage - Incorporation of term that redemption shall not be redeemed for a period of 90 years - Held, it is a clog on the equity of redemption...........
Evidence Act, 1872, Section 58, 61, Transfer of Property Act, 1882, Section 60, Registration Act, 1908, Section 17 -- Mortgage - Candid admission by defendant with regard to execution of mortgage deed - Non registration of mortgage deed after affixing proper stamp duty has no effect on the suit for redemption of mortgage filed by plaintiff...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Where public servant was not holding same office on account of his transfer on relevant date when charge sheet was submitted and cognizance of offence was taken, and abused entirely different office than one which he was holding on date on which..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Partial redemption - Permissible only when there is breaking up of mortgage at the instance of mortgagor and mortgagee...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption of mortgage - Mortgagee who purchased and acquired the right of redemption from some of co-mortgagors, during pendency of suit that too after second appeal decree in favour of redemption was passed, has first to yield to redemption of mortgage in favour of remaining decree holders and then to sue for..........
Transfer of Property Act, 1882, Section 106 -- Notice - Relationship of landlord and tenant not established - Question of terminating tenancy by proper service of notice u/s 106 of the Act is of no significance...........
