Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance of gift - Handing of gift deed to donee, also amounts to a valid acceptance of gift...........
Transfer of Property Act, 1882, Section 123 -- Gift - Cancellation - Unilateral cancellation of gift deed is bad in law and not legally sustainable in the absence of any right for revocation of deed in the deed itself...........
Transfer of Property Act, 1882, Section 123 -- Gift - Once there is an admission of gift by parties in the proceedings and the donor herself, there is no need to give evidence in proof of the execution of gift deed...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Court cannot direct Registrar to register cancellation of gift deed unilaterally by donor, without making donee as a party...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - When a suit is transferred from one Court to another, Court only needs to make sure that Court to which suit is transferred is "competent to try" the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Term competence u/s 24 CPC is with reference to status of Court and not with reference to territorial jurisdiction...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Divorce petition filed by husband at Family Court Muvattupuzha was validly instituted - However, balance of convenience is in favour of wife, as wife is abroad and her parents are taking care of minor daughter - Divorce petition filed by husband transferred from Family Court..........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition - At the instance of husband - Wife filed three petitions before Family Court at Thalassery - All the three petitions required to be tried together in view of averments contained in respective petitions - Prayer of husband to transfer one out of said three petitions to Family Court at Muvattupuzha rightly..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 54 -- Unregistered sale deed - No right, title or interest over suit land could have been transferred in favour of plaintiff on the basis of unregistered sale deed as per Ss.17, 49 of Registration Act and S.54 of T.P. Act...........
