Evidence Act, 1872, Section 116 -- Estoppel - Relationship of landlord and tenant - During pendency of suit landlord transferred/vested the property to/in the Trust, which in turn transferred the same to plaintiff - Plaintiff became landlord by virtue of registered sale deeds - Defendant pleaded that original landlord did not inform him regarding creation of trust and..........
Eviction Suit -- Transfer of landlord's interest - During pendency of suit landlord transferred/vested the property to/in the Trust, which in turn transferred the same to plaintiff - Plaintiff became landlord by virtue of registered sale deeds - Plaintiff was not required to prove transfer of property by original landlord in favour of Trust independent of said sale deeds...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 419, 420, 465, 467, 468, 120B -- Additional accused - Cheating and forgery - Allegation that fake sale deeds were got registered by accused in connivance with one another - Neither any specific role in execution of sale deeds in question has been attributed to petitioners nor they were present at..........
Transfer of Property Act, 1882, Section 59, 100 -- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........
Transfer of Property Act, 1882, Section 59 -- Mortgage - When there is a mortgage other than a mortgage by deposit of title deeds, it can be effected only by a registered instrument...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Allegation that shares could not be transferred in the name of respondent - No allegation that petitioner was incharge of company - Even otherwise transfer deeds were time barred and shares could not be transferred - No mens rea on the part of petitioner - Charges were framed mechanically..........
Land Acquisition Act, 1894, Section 51A -- Acquisition of land - Determination of market value - Registered sale deeds - All sale deeds produced by appellants were registered documents and authenticity thereof had not been questioned by respondents - Held, reference Court and High Court could not have ignored provisions of S.51-A and discarded majority of sale deeds...........
Land Acquisition Act, 1894, Section 4, 51A -- Acquisition of land - Determination of compensation - Sale deeds executed after issue of notification u/s 4 - Held, same cannot be relied upon for determination of amount of compensation...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Selling without permission of Court - Property sold for benefit of minors, their protection, education and marriage - Nothing on record to suggest that previous permission of Court was obtained by natural guardian before transfer - Held, sale deeds are voidable at instance of minor...........
Court Fees Act, 1870, Section 7(v), Constitution of India, 1950, Article 227 -- Ad valorem court fee - Suit for joint possession of suit land alleging it to be coparcenary property of parties - Plaintiffs also challenged two transfer deeds executed by defendant No.1 in favour of defendants Nos.2 and 3 regarding suit land - Plaintiffs are not party to transfer deeds which..........
