Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - On ground of lack of territorial jurisdiction - Such ground cannot be considered in transfer petition - Petitioners are entitled to raise such contention before Magistrate who is empowered to return complaint to be presented to proper Court, if Magistrate is satisfied that Court..........
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...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizens - Senior citizens have neither sought any maintenance from opposite parties nor sought any declaration regarding transfer of any property as void - They are aggrieved by ill treatment/torturing and nuisance created by opposite parties on the land belonging to them and..........
Agreement to sell -- Registration - Agreement to sell evidencing delivery of possession is required to be registered only for the purpose of protecting possession u/s 53-A of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - In order to attract S.52 of the Act, right in immovable property which is subject matter of transfer, needs to be directly and specifically in question...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Property transferred in favour of petitioner is different from subject property - Transfer in favour of petitioner can be held to be hit by doctrine of lis pendens only in case DHs found favour from the Court in their application U.O.38.R.5 CPC i.e attachment before judgment - Question of transfer of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - No clause in the transfer deed that petitioner/son is liable to maintain respondent No.5 - Even, nothing on record with regard to non-providing of basic amenities by petitioner - Once maintenance was granted by Tribunal, same cannot be set aside without pointing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of five cheques - Presumption - Execution of agreement to transfer shop between complainant and accused - Said transaction was acted upon and its benefits were received by accused - Accused intentionally issued cheques in favour of complainant for legally enforceable liability as per an agreement which are..........
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..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Only because transfer petition is moved by a woman, transfer of case cannot be effected - All attending facts and circumstances have to be looked into...........
