Transfer of Property Act, 1882, Section 54 -- Sale - Non-payment of entire sale consideration - Does not ipso facto invalidate the very sale...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Whether an act is a fraudulent act has to be proved by a strong set of evidence, since in law, a man is presumed to intent the natural consequence of his act...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Presumption shall always be in favour of bonafide of a transaction and it requires strong contrary evidence to tilt probability in favour of one who alleges fraud...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Indian Penal Code, 1860, Section 406 -- Offence u/s 406 IPC - For attracting S.406 IPC, sine qua non is initial entrustment of property with free consent of prosecutor...........
Indian Penal Code, 1860, Section 420 -- For applicability of offence u/s 420 IPC, ibid the inception itself the possession of property is obtained by accused by deception and trick on the complainant/prosecutor...........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - If a woman has pre-existing right of maintenance and if property is given to her, even without a recital that it is being given towards maintenance, same would enlarge into an absolute estate - However, if she does not have a pre-existing right of maintenance even it is..........
Hindu Succession Act, 1956, Section 14(1) -- Maintenance - Pre-existing right of Hindu female - Gift deed - Property gifted to Hindu female towards maintenance, as earlier some properties were given by her i, laws are not sufficient for her maintenance - There is recital in gift deed to that effect - No evidence on record as to how much property was given to her by her i,..........
Transfer of Property Act, 1882, Section 107 -- Lease - U, registered deed of lease cannot be treated as lease as per requirement of S.107 of the Act...........
Transfer of Property Act, 1882, Section 114 -- Eviction - Default in payment of rent - No statement with specific stipulation that tenant is ready to pay arrears of rent - There was thus, no endeavour to derive benefit of S.114 of the Act - Oral submission of counsel cannot meet requirement of S.114 of the Act - Tenant liable to be evicted...........
