Transfer of Property Act, 1882, Section 122, 123 -- Gift - Transfer of possession covered by registered instrument of gift duly signed by donor and attested as required in law is not a sine qua non for making of valid gift under the provision of T.P. Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - Validity - Gift deed executed by defendant no.1 in favour of plaintiff was a valid gift deed for all intents and purposes - There was clear recital that possession of property subject matter of the same was also handed over to plaintiff - Moreover, transfer of possession is not a sine qua non for making of valid gift..........
Central Excise Act, 1944, Section 6, 12, 37, Central Excise Rules, 1944, Rule 57AB(1C), Cenvat Credit Rules, 2001, Rule 3(4) -- CENVAT credit - Upon reading of tripartite agreement between supplier of pellets and IMIL, it is clear that transfer of iron ore pellets was purely transfer of raw materials between two sisterly units under joint procurement policy - Cannot be..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Passing of consideration under a sale deed cannot be questioned by third party...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Plea can be taken only in defence, as it is a sword and not a shield...........
Transfer of Property Act, 1882, Section 17, 49 -- Unregistered sale deed valuing more than Rs.100 - It is compulsorily registrable document u/s 17 of the Act - Such document without registration cannot be led into evidence and ownership rights cannot be claimed on the basis of said document - However, such document can be seen for collateral purposes...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with option to repurchase - Document titled as conditional sale - Condition stipulated that in case there is repayment of Ten Thousand rupees within a period of five years possession of property shall be handed back - Condition reflects that actual transaction between parties was loan and..........
Transfer of Property Act, 1882, Section 123, Registration Act, 1908, Section 17 -- Unregistered gift deed - Gift deed being compulsorily registrable document leaves no impact if it is unregistered - Getting the gift deed registered subsequently to the registered sale deed of the same property is also no impact as the same is obviously to obviate the concurrent decrees of..........
Family Courts Act, 1984 -- Consent decree - In favour of real brothers son who had been serving him - Challenged by daughter - Daughter living separately with her husband - There is no bar to transfer rights in Joint Hindu Property in favour of close family friends with his free consent - Decree was passed before coming into force Act No.39 of 2005 - Daughter has no locus..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Transferee pendente lite despite order of injunction - Transfer of suit property pendente lite is not void ab initio and purchaser takes the bargain subject to the rights of plaintiff in the pending suit - Transferee pendente lite can be added as a party to the suit lest transferee suffered prejudice on..........
