Words and Phrases -- Vesting - Means having obtained an absolute and indefeasible right - It refers to and is used for transfer or conveyance - `Vesting' in the general sense, means vesting in possession - However, `Vesting' does not necessarily and always means possession but includes vesting of interest as well - `Vesting' may mean vesting in title, vesting in possession..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance - Applicant seeking impleadment on the ground that he is the owner and in possession of suit land - Applicant thus claiming independent title and possession adverse to the title of the vendor - Permitting him to come on record as a party will convert the suit for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on behalf of company - Maintainability - Instead of describing complainant as M/s.Multitech Instruments Co. Pvt. Ltd. through the Director "R", in the title, name of the complainant is mentioned the other way round i.e. "R", Director of M/s.Multitech Instruments Co. Pvt. Ltd. - Held, complaint..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Vicarious liability of Director - Petitioner has been described in title of complaint as director/authorized signatory of company - Cheque in question is purported to have been sent by authorized signatory - Held, in view of the provisions u/s 141(2) NI Act and the law enunciated by Supreme..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by sole proprietor - In cause title it is mentioned that complaint is filed by "M" representing M/s Traders "N" Traders, a proprietary concern as its proprietor - Held, no further evidence is needed on behalf of appellant-complainant - Further no reply notice has been issued by..........
Civil Procedure Code, 1908, Section 101, 47, Order 21, Rule 27 -- Eviction order - Execution - Claim of third party - Adjudication thereof - Duties of executing Court - Held, if a third party asserts before an executing Court that he is not bound by the decree and has independent right over property then executing Court shall adjudicate such right of third party before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Son of defendant No.1 seeking impleadment on the plea that suit property is ancestral property and he has interest therein and therefore he is a necessary party - A stranger to contract for sale claiming independent title is not a necessary party - Claim of applicant of..........
Registration Act, 1908, Section 17,49 -- is compulsorily registrable - Arbitration Award which purports or operates to create, declare any right, title or interest in any immoveable property of value of more than ,R. ,S. 100 - Unregistered awards which are compulsorily registrable u/s 17(1) (b) of the Act could neither be admitted in evidence nor can decrees be passed in..........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in that suit - In present suit..........
