Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
Transfer of Property Act, 1882, Section 109 -- Transfer of lessor's right in favour of transferee - Transferee gets all rights and liabilities of lessor in respect of subsisting tenancy - Attornment by tenant is not necessary - Transferee of landlord's rights steps into the shoes of landlord with all rights and liabilities of transferor landlord in respect of subsisting..........
Transfer of Property Act, 1882, Section 109 -- Rent & Eviction - Transfer of property by way of exchange deed dated 23.04.1975 - After exchange deed erstwhile owner executed rent deed dated 20.5.2006 in favour of tenant - Tenant on many occasions approached transferee to receive rent and also paid electricity charges to him - Held, non consideration of subsequent tenancy..........
Hindu Law -- Joint Family Property - Mutation in the name of one of co-sharer - Does not confer right, title and interest over whole property in his favour - Does not entitled him to sell/transfer entire property...........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Mortgage of property to tenant - Tenancy merges with mortgage - There is implied surrender of tenancy at the time of creation of mortgage - After redemption of mortgage, tenancy does not revive and tenant cannot claim any right to remain in possession of tenanted premises, in absence of execution of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Transfer of complaint - Respondent claiming herself to be an old female filed a complaint at place `A' - Complaint may be frivolous or a mode to harass the petitioners - Same cannot be transferred from place at `A' to place at `L' as the same can be contested through Advocate - Petition..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent transferee - Person who has acquired an interest by devolution, if obtains leave to carry on suit, suit in his hands is not a new suit - A cause of action is not prolonged by mere transfer of tile - It is old suit that is carried on at his instance and he is bound by all proceedings up to the stage..........
Mineral Concession Rules, 1960, Rule 29(1) -- Surrender of M.L. 2010 - Becoming final - No resile therefrom - Cannot contend that it still had a right to transfer the rights under M.L. No.2010...........
Mineral Concession Rules, 1960, Rule 37(1A) -- Lease becoming void ab initio for violation of S.2 of the Forest Conservation Act, 1980 as well as Proviso to S.5 of MMDR Act - No question of transfer of leased land...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - More than one Court having jurisdiction - Plaintiff as `dominus litis' has a right to choose the Court and defendant cannot demand that suit be tried in any particular Court convenient to her/him - Mere convenience of the parties or any one of them may not be enough for the exercise of power but it must also be..........
