Transfer of Property Act, 1882, Section 106, 107 -- Lease - Unregistered - Agreement can be admitted in evidence and even relied upon to prove factum of tenancy but terms of the same cannot be used to derogate from the statutory provision of S.106 of the Act, which creates a fiction of tenancy in absence of a registered instrument creating the same...........
Transfer of Property Act, 1882, Section 106 -- Expression `contract to the contrary' cannot be read to mean that parties are free to contract out of express provisions of law, thereby defeating its very intent - Contract must be a valid contract...........
Transfer of Property Act, 1882, Section 130 -- Assignment of contract - There can only be an assignment of rights arising under a contract but not the burden of a contract...........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Hyderbad Tenancy and Agricultural Lands Act, 1950, Section 32, 38D, A.P.(TA) Protected Tenants (Transfer of Ownership of Lands) Rules, 1973, Rule 4, 5 -- Rent and eviction - Protected tenant - Termination of tenancy - In absence of valid termination of protected tenancy interest of protect tenant continues to be operative and subsisting in law and even such interest can..........
Delhi Municipal Corporation Act, 1957, Section 120, Delhi Electricity Reforms Act, 2000, Section 15, 20, Delhi Electricity Reforms (Transfer Scheme) Rules, 2001 -- Sch. F, G - Exigibility of tax - All assets of Vidyut Board stood transferred and vested in Government - Its assets were transferred to companies whose shares were allotted to holding company which is wholly..........
Easement Act, 1882, Section 60(a), (b) -- Licence - Permission to construct shed for workshop - Suit for recovery of property - No specific plea regarding benefit of S.60 of the Act is raised by defendant - Nor any evidence is adduced to show that permission granted to defendant was coupled with transfer of property and that such transfer is in force or he acted upon such..........
Transfer of Property Act, 1882, Section 106 -- Notice - Even filing of suit amounts to service of notice u/s 106 of the Act...........
Transfer of Property Act, 1882, Section 106 -- Provisions of TPA Act in terms of S.106 of the Act are not applicable in State of Punjab - However, only equitable principles are applicable...........
Transfer of Property Act, 1882, Section 106 -- Notice - Suit for possession - Plea of no, service of summons - Plaintiff validly terminated tenancy by issuing notice u/s 106 of the Act - Service of summons u/s 106 of the Act was proved - Even filing of suit itself amounts to notice and suit cannot be dismissed on the ground of no, service of summons - Suit rightly decreed...........
