Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Court having no jurisdiction - Held, S.24(5) of the Code clarifies that a suit or proceeding can be transferred from a court which has no jurisdiction to try it...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Benefit of the provision of S.53-A TPA is available on fulfilling the following conditions: (i) The contract should have been in writing signed by or on behalf of the transferor; (ii) The transferee should have got possession of the immovable property covered by the contract; (iii) The transferee should have..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell executed on 27.11.1982 whereby possession alleged to be delivered - On 14.7.1985 irrevocable power of attorney executed and recitals therein show that the property at that particular time was in possession of transferor - Held, defendant did not get possession of the property after..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Commences from the date of presentation of the plaint - Mere fact that there was no stay for alienation of the property does not protect the rights of bona fide purchaser...........
Civil Procedure Code, 1908, Section 24 -- Transfer of proceedings - Divorce case - Both applicant and respondent are resident of Aurangabad - Applicant being a lady and having no source of income will not be able to travel 300 kms. from Aurangabad to Akola on every date of hearing - Held, in a proceeding filed by husband convenience of wife in such proceeding should be..........
Stamp Act, 1899, Section 156, 165, Article 35, 63 - - Levying of stamp duty - Lease of land - Petitioner has paid the stamp duty as provided under Article 35 of Schedule I-B of the Stamp Act - There is specific provision under Article 63 of the Stamps Act that lessee can also transfer lease rights to any other person if there is a condition in the lease deed for transfer..........
Limitation Act, 1963, Section 30, Article 61(a), Limitation Act, 1963, Article 148, 134, Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Limitation - Held, Article 134 of the Schedule to the Limitation Act, 1908 which is in pari materia with Article 61(a) of Schedule to the Limitation Act, 1963 would apply only if a mortgagee has in making..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 2k, 7A -- Juvenile - Age - Determination - Entry relating to date of birth in Birth certificate, Transfer Certificate and in mark sheet - All these documents are relevant and admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 21 -- Rejection of plaint - Suit for declaration of title by lessee against sub lessee of Govt. Land - Suit is not barred by law - Civil Court has no jurisdiction only when dispute is between Government and the lessee and not when dispute is between lessee..........
Transfer of Property Act, 1882, Section 50 -- Redemption of mortgage - Co-sharer - Any co-sharer can redeem the land - However, said order cannot be executed against co-sharer without impleading him as party in the redemption proceedings...........
