Companies Act, 1956, Section 397, 398 -- Jurisdiction of NCLT - Whether gift deed is valid or not - Determination of whether gift deed is valid or not is central to decision - NCLT thus, have full jurisdiction to decide whether gift deed is valid or not...........
Companies Act, 1956, Section 397, 398 -- Company petition - Oppression and mismanagement - Appellant was the victim of oppression and mismanagement for two reasons: first, that circumstances surrounding gift deed and subsequent transfer of shares are seriously questionable and must be declared invalid and secondly, board meetings have been conducted in a mala fide manner..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that Will, sale deed and gift deed is null and void - Plaintiff admittedly had knowledge of Will dated 08.08.1962 - Contention of plaintiff that cause of action accrued in 2023 is not true - In the year 2024 by way of suit, he wanted to challenge so called will..........
Hindu law -- Self acquired property - Plaintiff contended that suit property was purchased in the name of defendant no.2 as Benamidar by his father out of joint family fund - However, he has not been able to even produce certified copy of sale deed nor he has ever challenged legality of said sale deed - Plaintiff has not brought on record as to how fund was collected,..........
Settlement deed -- Essentials to complete gift as mandated u/s 122 of Transfer of Property Act would apply in cases of settlement deed also even though there is a slight difference between gift deed and settlement deed even if these terms are used interchangeably. (Transfer of Property Act, 1882, S.122)..........
Settlement deed -- Acceptance - Production of original gift deed in possession of plaintiff before Court is the vital evidence to prove acceptance...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Deed which is sought to be cancelled was executed prior to enactment coming into force - Even, gift deed does not contain stipulation required u/s 23 of the Act - Provisions of S.23 of the Act not applicable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
