Transfer -- Mala fides - Transfer made at the instance of an MLA - That by itself would not vitiate the transfer order - There can be no hard and fast rule that every transfer at the instance of an M.P. or MLA would be vitiated - It all depends on the facts and circumstances of an individual case...........
Transfer of Property Act, 1882, Section 54 -- Sale - Right of the parties matured by way of Civil suit - Property in question was sold by the real owner by way of sale deed - There was no occasion to file the suit on the basis of family settlement as the party to the settlement has not lawful right over that property - View taken by the High Court correct - Suit rightly..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for partition...........
Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Ownership of property - Condition precedent - Held, when ownership or dominion over property itself is doubtful, a property which on the date of entrustment was not permissible to be retained by any person under the provisions of the Gold Control Rules of 1963 read with the Defence of India Rules, 1962 and..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16(c) -- Part performance - Agreement to sell with tenant - Tenant put into possession u/s 53-A - Held, that since tenant was not ready to perform his part of contract he is not entitled to protection u/s 53-A of TPA - Readiness and willingness is not only the requirement of S.16(c) of Specific..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Adverse possession - Agreement to sell - Agreement holder cannot become the owner by adverse possession - In order to protect possession u/s 53-A TPA agreement holder, right from the date of agreement must show his readiness and willingness to perform his part of contract - A person who is not ready and..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell with tenant - Tenant put into possession of property u/s 53-A TPA - Tenant claiming right of ownership by adverse possession - Owner sold the property to plaintiff - Tenant not entitled to protection u/s 53-A TPA and could not retain the possession of property - It is the plaintiff who is..........
Transfer of Property Act, 1882, Section 58(c) -- Condition of reconveyance embodied in document itself - It has to be regarded as mortgage...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - By deposit of title deeds - Allotment letter - Whether it creates an assignable right? - Question requires consideration by a larger bench so that an authoritative pronouncement can be made thereupon...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - It is one thing to say that a person cannot convey any title, which he himself does not possess; but it is another thing to say that no mortgage can be created unless he obtains a title by reason of a registered conveyance...........
