Transfer of Property Act, 1882, Section 106 -- Quit notice - Waiver - Tenant continued to remit rent by way of demand draft after quit notice - Landlord received rent without demur and unconditionally over years, during pendency of suit - Held, it amounts to waiver of quit notice even if receipt of said amounts established as damages for use and occupation...........
Service -- Departmental proceedings and criminal investigation - Departmental proceedings not to be kept in abeyance pending criminal investigation in view of directions given viz. Government is free to transfer the concerned person to any Department in any of its offices within or outside the State so as to sever any local or personal contact that he may have and which..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 12 -- Transfer of petition filed by husband - Two cases at the instance of wife already pending in a Court at place `A' - Petition filed by husband at place `P' is just to humiliate, harass and dwarf the wife - Petition filed by husband ordered to be transferred to Court at place `A'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn in favour of `Yourself' - Drawee is thus the bank - But as per endorsement as well as the fact that cheques were accompanied by RTGS forms for transfer of amount in account of complainant, it is the complainant alone who was to collect the amount - Complainant is the payee in an indirect..........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pendente lite - Any transfer of property during pendency of proceedings, would be subservient to the rights of parties to such suit, as is eventually determined...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Transfer of investigation - Matter is still under investigation - Courts have got no jurisdiction to issue direction during course of investigation unless and until there are violation of statutory provisions - Interference in investigation by Court is not warranted - Petition disposed of...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - A lease granted for any purpose, be it residential, commercial, manufacturing or agricultural can be made only by a registered instrument if duration of the lease is for the period year to year basis or for any term exceeding one year or reserving a yearly rent - But a lease for the same purpose of a lesser..........
Transfer of Property Act, 1882, Section 106, 107 -- Lease - Tenancy of immovable property for any purpose other than agricultural or manufacturing created by an unregistered instrument would be deemed to be month to month tenancy even where the tenant has paid annual/yearly rent to landlord...........
Transfer of Property Act, 1882, Section 106, 8, Companies Act, 1956, Section 189, 34 -- Lease of industrial plots to Company - Transfer of interest by Company without consent of lessor - Demand of transfer fee - Lease deed prohibiting transfer of plot, change in memorandum and articles of association, or change in capital structure of lessee company without consent of..........
