Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For claiming benefit of S.53-A of the Act, agreement must be registered...........
Consumer Protection Act, 2019, Section 67 -- Consumer complaint - Joint Development Agreement (JDA) - Delay in delivery of possession - Deficiency in service - Landowners executed GPA in favour of developer to enter into Sale Agreements, execute conveyances, receive consideration and complete registration formalities in respect of developer's share - Construction has to be..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife is not paramount consideration for deciding transfer applications, as alternatives to transfer proceedings have been provided, viz. through Video Conferencing - More so, if matter is to be proved by witnesses of place where matter is being prosecuted then other side can suitably be..........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Convenience of wife is to be looked into whenever transfer of case is sought...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Sought by husband - Merely because husband's mother is widowed aged lady is not a ground for seeking transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 407, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- Transfer of matrimonial case - Husband stated that he met with accident and sustained injury to his leg and he is not able to travel from Bengaluru to Chikkamagaluru to lead evidence - Said aspect is not made out a ground in the petition to be considered - Application..........
Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge over husband's property - Fraudulent transfer of property - Hindu wife has a right to claim maintenance out of her husband's property and consequently entitled to protection u/s 39 of the Act - Therefore, if wife is able to establish that purchaser had knowledge of her right at the time of purchase,..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - Fraudulent transfer of property - Purchase was effected prior to filing of maintenance proceedings - Wife cannot claim benefit of deemed knowledge on the part of purchaser regarding her right - It was therefore incumbent upon her to establish that purchaser had actual knowledge..........
