Criminal Procedure Code, 1973, Section 406, 407 -- Transfer of case - Two criminal cases of similar nature - One can be transferred to the other Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering with possession of plaintiff - Defendant claiming to be in possession of property under an unregistered agreement of sale - Said agreement of sale shall have no effect for purpose of S.53-A of T.P.Act - Plaintiff on the other hand produced registered sale deed..........
Civil Procedure Code, 1908, Section 24(5), Order 7, Rule 10 -- Transfer of Appeal - Appeal filed in a Court having no territorial jurisdiction - Appellate Court can return the appeal by exercising power U.O.7.R.10 CPC - However, that will lad to unnecessary trouble in taking back the appeal and refiling the same with the competent Court - Invoking power u/s 24(5) CPC..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Service of summons in the suit can also be treated as a notice u/s 106 of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Possession in pursuance of agreement to sell - Appellant cannot retain possession by invoking S.53-A TPA as he failed to take any step in furtherance of the performance of the impugned contract - Moreover, there is no averment in written statement to the effect that he was ready and willing and is still..........
Transfer of Property Act, 1882, Section 109 -- Rights of lessor's transferee - Eviction suit - Transfer of ownership of premises to respondent by previous lessor results in statutory attornment by tenant in favour of lessor's transferee and relationship of landlord and tenant exists - Rights of transferee u/s 109 of Act is not curtailed or modified by T.P. Act - Neither..........
Eviction suit -- Transfer of landlord's interest - When there is valid transfer of premises by lessor by way of sale then transferee is entitled to receive rent of premises as he falls within definition of landlord u/s 3(iii) of Rajasthan Premises Act - Tenant cannot dispute right of transferee landlord to maintain an eviction petition under the Act or to claim rent...........
Evidence Act, 1872, Section 116 -- Estoppel - Relationship of landlord and tenant - During pendency of suit landlord transferred/vested the property to/in the Trust, which in turn transferred the same to plaintiff - Plaintiff became landlord by virtue of registered sale deeds - Defendant pleaded that original landlord did not inform him regarding creation of trust and..........
Eviction Suit -- Transfer of landlord's interest - During pendency of suit landlord transferred/vested the property to/in the Trust, which in turn transferred the same to plaintiff - Plaintiff became landlord by virtue of registered sale deeds - Plaintiff was not required to prove transfer of property by original landlord in favour of Trust independent of said sale deeds...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of subsequent purchaser - Suit for Specific performance - Subsequent purchaser prima facie have no knowledge either of pendency of suit or passing of decree in favour of respondent No.1 - Sale deed in favour of subsequent purchaser does not automatically become void or..........
