Registration Act, 1908, Section 17 -- Mere registration of a document by the registering authority under the provisions of the Registration Act, does not confer any title - No person can transfer better title than that he possesses - Registration of a document merely records sale transaction between parties...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13 -- Transfer of divorce petition filed by Husband in a Court at Delhi to a Court at Indore - Wife dependent on her parents and brother - Wife having two children - It will be difficult for the wife to defend the proceedings by travelling to Delhi - Divorce petition transferred from Court at Delhi..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13 -- Transfer of divorce petition filed by Husband in a Court at Delhi to a Court at Indore - Wife dependent on her parents and brother - Wife having two children - It will be difficult for the wife to defend the proceedings by travelling to Delhi - Divorce petition transferred from Court at Delhi..........
Insurance claim -- Transfer of vehicle - Plea that on the date of accident insurance policy not changed in favour of the complainant hence the complainant has no insurable interest repelled by both Fora below in view of regulations and allowed the claim - Petition dismissed...........
Criminal Procedure Code, 1973 -- Transfer of trial from one State to another - Public Prosecutor - To be appointed by the State to which case is transferred - That State can appoint a lawyer of that State or any other State - Expenses of conducting trial to be borne by the State to which the case belongs...........
Civil Procedure Code, 1908, Section 94(c), Order 39, Rule 2-A, Contempt of Courts Act, 1971, Section 12, 2(b) -- Order prohibiting creating any interest in favour of third party either by sale, mortgage, transfer, assignment, gift or 'in any other manner whatsoever' - Held, entering into an agreement or acceptance of full or even part consideration is hit by said order and..........
Civil Procedure Code, 1908, Section 25 -- Matrimonial dispute - Wife having a minor male child - Case pending at a distant place from the place where wife is now residing with her child - Difficult for wife to travel to that place - Transfer application allowed...........
Transfer of Property Act, 1882, Section 58 -- Sale & agreement to repurchase embodied in separate documents - Not mortgage - Time to be essence of contract - Held, that if sale and agreement to repurchase are embodied in separate documents, it cannot be a case of mortgage and in such cases relating to reconveyance time is always the essence of contract - There was..........
Agreement to sell -- Specific performance - Ready and willing - Sale deed was to be executed within one month of permission from the authority - Efforts not made for taking permission of authority - Restriction on sale or transfer removed by Amendment in the Act - Held, plaintiff not ready and willing to perform his part of the contract - Suit not filed within time - Order..........
Transfer of Property Act, 1882, Section 106 -- Notice - Son, power of attorney holder, deposing that notice u/s 106 TPA was signed in his presence and sent to tenant - Held, when power of attorney deposed that it was signed by the lawyer in front of him, it cannot be said that witness was trying to prove a fact which was only in the personal knowledge of the landlord...........
