Agreement to sell -- Specific performance - Defendants contended that since title of property was not perfect at the time of entering into contract, it renders the contract itself invalid - Contention unsustainable, as in view of S.43 of T.P.Act, transfer by unauthorized person who subsequently acquires interest in property transferred, will be valid - Moreover, there was..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Cancellation of a registered sale deed by vendor without notice to vendee and without his consent and without joining him as a party to the cancellation deed - Not valid in law...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 10 -- Conditional sale - Mere mentioning of conditions resulting in payment of development charges and other charges to the concerned Department is a regular feature in the sale deed and merely on that basis sale cannot be declared as conditional sale particularly when full consideration has..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C. - Wife initiated different proceedings under provisions of Domestic Violence Act or Muslim Women Act - Husband never raised any objection with regard to transfer of those proceedings - When wife initiated proceedings u/s 125 Cr.P.C. husband prayed for transfer of proceedings..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C. - Wife initiated different proceedings under provisions of Domestic Violence Act or Muslim Women Act - Husband never raised any objection with regard to transfer of those proceedings - When wife initiated proceedings u/s 125 Cr.P.C. husband prayed for transfer of proceedings..........
Co-owner -- A co-owner can transfer his share during his life time or by way of a will so as to take effect after his death - Other co-owners, generally as a rule, will have no right to prevent a co-owner from alienating his share in the co-ownership property - However, probable exception to this rule is a case where a right of pre-emption or other rights under a covenant..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Provisions of Transfer of Property Act not applicable in the State of Punjab - Even oral exchange is permissible - No document is required to be executed and registered - Recital in the deed of its proposed course of action in getting the same registered has no telling effect on the lawful execution of exchange..........
Transfer of Property Act, 1882, Section 118 -- Exchange - Once the exchange is proved on record its validity flows from document in question which is coupled with delivery of possession of exchanged property - Plea of defendant that transaction was only an agreement of exchange cannot form any basis for treating the instrument to be not legally enforceable...........
Motor Vehicles Act, 1988, Section 168, 2 - - Compensation - Liability - Meaning - Owner is a person in whose name motor vehicle stands registered with registering authority and transfer of vehicle takes place only when requirements prescribed under Act are complied with and registering authority enter change of ownership in its record - Owner is the registered owner of..........
Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 - - Regls.10, 44 - Lease Property - Transfer - Lock-in-period - Hirer is competent to alienate property as he has become owner of property by paying all outstanding amount - Held, though documents of transfer were executed within lock-in-period, but fact remains that subsequent to such..........
