East Punjab Urban Rent Restriction Act, 1949, Section 2(c) -- Landlord - Need not to be owner - Landlord can be a person who is entitled to receive rent in respect of any building or rented land whether on his own account or on behalf of any other person and even would include a tenant who sub-lets any building or rented land and also any other person from time to time..........
Transfer of Property Act, 1882, Section 122, 123, 124, 125, 126, 127, 6(d) -- Gift - No prohibition in law that ownership in property cannot be gifted without its possession and right of enjoyment - Donor, mother transferred to minor son, ownership and title in respect of her 1/8th share in properties - Donor reserved to herself right to sign papers with respect to..........
Transfer of Property Act, 1882, Section 58 -- Mortgage by deposit of title deeds - When a person delivers to a creditor documents of title to immovable property with intention to create a security thereon, the transaction is called mortgage by deposit of title deeds - Deposit can be made personally or constructively...........
Consent decree -- Family settlement - Parties not related to each other in any manner - There is no question of family settlement - Decree suffered does not confer any title without its being registered in accordance with law. (Registration Act, 1908, S.17)...........
Motor Vehicle -- Complainant purchased it in departmental auction but R.C not given - It was incumbent on their part to hand over the document of title (R.C. Book) of the vehicle - R.C. Book delivered after a long duration - Deficiency in service proved - Direction of the District Forum to pay compensation of Rs.5,000/- upheld...........
Succession Act, 1925, Section 208 -- Scope - The object of Part VII of the Act is to protect the property appertaining to large estates in case of a dispute as to succession - This part in some respect stands in a similar position of Section 145 Cr.P.C. with respect to certain specified properties, where its scope is large inasmuch as it embraces all properties movable and..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C. - Not competent when either the matter of title and possession has been earlier adjudicated upon by a competent Civil Court or is pending adjudication...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Defendant claiming to be co-owner - Amendment sought to incorporate the plea that he has acquired title by adverse possession - Amendment sought is inconsistent with original plea and the same cannot be allowed, moreso, when it is belated...........
Punjab Land Revenue Act, 1887, Section 117, 116 -- Partition proceedings whether can continue during pendency of civil suit - Neither any reference to nature of civil suit nor any specific order of Civil Court staying proceedings of partition - Failure to establish that question of title involved and yet to be decided - No need to stay partition proceedings - Partition..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Attachment of property in custody of Court - Execution application - Transfer of - Question of title between D Hand Stranger - Also pending - Also to be decided by Transfer court - Transferee Court need not remit amount automatically to transferor Court...........
