Transfer of Property Act, 1882, Section 106(1) -- Notice - When there was clear contract to contrary which stipulated that lease would be a monthly lease, terminable by notice of three months - Expiry of said agreement would not in itself change nature and character of tenancy and make it yearly lease - Deeming provision of S.106(1) is not attracted - Agreement having..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Identity of suit property - Suit property as described in Schedule to plaint sufficiently identifiable - There is no ambiguity with regard to suit property - Minor errors in description are of no consequence - Plea raised by tenant at the appellate stage, held, to be hyper technical and frivolous - Tenant rightly..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
Transfer of Property Act, 1882, Section 55(6)(b), 100, Registration Act, 1908, Section 17 -- Agreement to sell - Charge over property for the amount of advance sale consideration - If buyer does not improperly decline to accept delivery of property, a charge is created over the property for the amount of advance sale consideration - Charge is created by operation of law..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property with an intention to defeat or delay the creditors - Such transfer is void...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer of immovable property subsequent to attachment of property with intent to defraud the creditors of suit property - Said transaction is fraudulent transaction and is void...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought on the basis of subsequent event i.e. subsequent transfer by gift during pendency of suit - Subsequent transferees prayed for adding them as parties to the proceeding in terms of O.1.R.10 CPC, does not debar the defendants, who are the transferees herein, to amend their..........
Criminal Procedure Code, 1973, Section 156(3) -- Transfer of investigation to CBI - Complaint filed when none of accused was holding a high office - Prior to filing of complaint necessary steps were not taken by petitioners for investigation of alleged offences by local police - Even in the complaint it has not been averred that a honest and fair investigation is not..........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease - An educational institution cannot be treated differently in the matter of leases of immovable properties - S.106 of the Act makes an exception only in respect of immovable property for agricultural and manufacturing purposes...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non sanctioning of mutation - Mutation does not confer any title - Title is conferred by sale deed - If sale deed is proved then non sanctioning of mutation becomes irrelevant...........
