Transfer of Property Act, 1882, Section 107 -- Lease - A lease not commenced or continued pursuant to registered instrument can never be considered as a lease from year to year or yearly tenancy...........
Criminal Procedure Code, 1973, Section 107, Railway Act, 1989, Section 145, 146 -- Breach of peace or disturbance to public tranquility - Initiation of proceedings u/s.107 Cr.P.C. against petitioners - Issuance of show cause notice - Challenge as to - Complainant put obstruction in official work of petitioners while they were engaged in inspecting his office - Therefore,..........
Civil Procedure Code, 1908, Section 107 -- Remand - Exercise of power - Only where a fresh issue is required to be framed and a finding on it is necessary which cannot be recorded by the appellate Court for want of sufficient evidence...........
Transfer of Property Act, 1882, Section 106, 107, General Clauses Act, 1897, Section 27 -- Notice - Premises on lease with a company - Company left premises without informing landlord - Notice to quit sent to company at its registered office and suit premises - Held, there is presumption of service of notice u/s 27 of the General Clauses Act - Tenant company was required..........
Transfer of Property Act, 1882, Section 106, 107, Registration Act, 1908, Section 17, 49 -- Lease deed executed for a period of three years - It containing stipulation of three months notice to terminate the lease - Lease deed not registered - 15 days notice terminating tenancy given u/s 106 of TPA Act - Held, not illegal - Unregistered lease deed is not admissible in..........
Transfer of property Act, 1882, Section 106, 107 -- Notice to quit - Month to month tenancy - Notice not invalid on ground that it did not end with month of tenancy...........
Transfer of property Act, 1882, Section 106, 107, West Bengal Premises Tenancy Act, Section 13 -- Notice to quit - Monthly tenancy created by way of agreement on 11th of English Calendar Month - Notice terminating tenancy served on tenant on 15.01.2000 demanding delivery of possession by 29th of February, 2000 - Held, notice would not be invalid on the ground that it did..........
Civil Procedure Code, 1908, Section 100, 107, 108, Order 41, Rule 27 -- Appeal against appellate decree - Powers of appellate court - Held, in an appeal against appellate decree, appellate court has all powers of O.41.R.27 CPC - In present appeal, application U.O.41.R.27 CPC, filed by appellants in lower appellate court can be considered...........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23 -- Remand of suit - Legality - Appellate Court has not considered the law of limitation for filing suit or any other point which are considered by trial Court extensively - Appellate Court without going into the merits and demerits of the matter remanded suit for trial Court for retrial - Held, such order passed by..........
Criminal Procedure Code, 1973, Section 145, 146, 107& 144 -- Civil court deciding question of possession in favour of petitioner - Petitioner initiating proceedings u/ss 145 and 146 Cr.P.C. - Magistrate attached property u/s 146 of the Code - Held, once a dispute regarding possession has been resolved by civil court, dispute pertaining to possession within the meaning of..........
