Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Court below while assessing income of husband not taken into consideration the fact that petitioner is a new entrant and agricultural property would not be inherited by him as he has other siblings - In view of strict competition amongst new entrants, the finding qua earning of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - No evidence on record as to when accused was produced before Illaqa Magistrate for seeking judicial remand and in compliance of S.52 of the Act regarding case property - Therefore, in absence of an order by Illaqa Magistrate to keep case property in safe custody, either..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Expression `Transfer of property' used in S.23(1) of the Act, would include even permission to occupy property of a senior citizen as same would tantamount to creating an interest in immovable property...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 23 -- Eviction of son - Property of parents - Son admittedly manhandled his parents for which Criminal cases u/ss 323, 341, 504, 506, 34 IPC is registered against him - He therefore, cannot be permitted to stay in property - Son rightly evicted...........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Recovery of unpaid consideration - Part of amount paid and balance consideration promised to be paid - Seller has legal recourse u/s 55(4)(b) of the Act for amount unpaid and interest on such amount - Merely because it is not so specifically mentioned in sale deed, it does not take away right of seller to..........
Transfer of Property Act, 1882, Section 43 -- Scope - If at the time of transfer, vendor/transferor had defective title or have no title and/or no right or interest, however subsequently he acquires right, title or interest and contract of transfer subsists, in that case at the option of the transferee, such a transfer is valid - In such a situation, transferor cannot be..........
Transfer of Property Act, 1882, Section 43 -- Defective title - Provision of S.43 of the Act gives an option to the transferee and not the transferor - Intention of the provision is that no body can be permitted to take benefit of his own wrong...........
Transfer of Property Act, 1882, Section 43 -- Erroneous representation by vendor - Suit by heirs of vendor for cancellation of sale deed - Not maintainable...........
Evidence Act, 1872, Section 115 -- Estoppel - Title of immovable property normally cannot be said to have vanished by invoking principle of estoppel...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Mortgagee assignee by act of parties received Rs.3000 being mortgage amount from defendant and by putting him possession, mortgage is extinguished - Suit for redemption of mortgage preferred by original plaintiff held, not maintainable...........
