Transfer of Property Act, 1882, Section 108 -- Transfer of leasehold rights - Payment of license fee - A modified lease deed entered into by parties which empowers respondent-corporation to demand, levy or impose license fee - Lessee being signatory of lease deed, cannot question authority to demand collection of license fee - Dispute purely contractual in nature and..........
Transfer of Property Act, 1882, Section 122, 10 -- Gift Deed - Condition restraining donee from alienation of gift cannot be imposed - Such condition is void u/s 10 of the Act...........
Transfer of Property Act, 1882, Section 122 -- Gift Deed - Non-transferable right conferred upon donee with further stipulation that after her death, property would devolve upon sons of donor - Condition restraining donee from transferring property in dispute is void - However, gift deed is valid as interest of donee under gift deed was due to her pre-existing right of..........
Transfer of Property Act, 1882 -- Eviction - Notice - Lease agreement executed between parties for a period of three years having no clause for extension of the same - Defendants failed to vacate suit premises after expiry of lease period - Notice u/s 106 of the Act was duly issued upon failure of defendants to vacate suit premises - No infirmity in the impugned order of..........
Suit for possession -- Agreement to sell - Transferee put in possession in part performance of agreement to sell - Entire sale consideration paid - Transferee performed his part of contract and he developed the property by putting efforts and by investing for so many years - Held, transferee is entitled to protect his possession even when his suit for specific performance..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Alienation of suit property during pendency of proceedings is hit by principle of lis pendens and transferee pendente lite is bound by decision of Court...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice is necessary u/s 106 of TPA for filing a suit for eviction under general law - Filing of suit itself amounts to a notice...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Indian Contract Act, 1872, Section 25, 8, 28 -- Nagpur Improvement Trust Act, 1936, Ss.29 to 70, 121, Land Acquisition Act, 1894, Maharashtra Regional & Town Planning Act, 1966 - Allotment of land, comprised in layout, taken by NIT - Validity of clause - Violation of S.25 of Contract Act - As per Ss.29 to 70, 121 of NIT Act with terms and conditions of development..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
