Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Document contains covenant for reconveyance of property in favour of plaintiff upon refund of amount received by plaintiff from defendant - Contents of document establish a lender and a borrower relationship between parties, where borrower as in lieu of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Petitioner No.1/JD died after decree was passed jointly against her and petitioner No.2 - LRs of petitioner No.1 were not added to execution petition - LRs of petitioner No.1 are proper and necessary parties - Executing Court erred in passing impugned order of..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - When a non-executant challenges deed, he has to plead and prove his title...........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Intention of person who contributed purchase money has to be decided on basis of surrounding circumstances, relationship of parties, motives governing their action in bringing about the transaction and their subsequent conduct etc...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - It is burden of prosecution to establish that contraband was seized from conscious possession of accused - Only when that aspect has been successfully proved by prosecution, onus will shift to accused to account for the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54 -- Conscious possession - Conscious possession refers to a scenario where an individual not only physically possesses a narcotic drug or psychotropic substance but is also aware of its presence and nature...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 54 -- Contraband - Conscious possession - Appellant was found to be in conscious possession of three cartons containing poppy husk - Defence put forward by appellant that he had no idea about the three cartons and that he got down from the coach alongwith the three cartons only because the officers asked..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Time limit is fixed to perform part of contract by 12.12.1979 - However, no notice issued by plaintiff to defendant by expressing his readiness and willingness on or before 12.12.1979 - Admittedly, notice issued on 18.10.1982 - No evidence that defendant received said notice whatsoever..........
