Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
Transfer deed -- Conveyer having no right, title or interest over the property - Grantee on her successors-in-interest will not have legal right to enforce the right the latter may have derived from such an instrument...........
Perpetual lease in favour of Company -- Amalgamation of lessee company with another Company - Transfer of lease property - Specific clause in the order of amalgamation which holds that plots in question stand transferred from original permanent lessee to transferee/appellant - Transfer is made based on petition filed by lessee and transferee for seeking amalgamation - It..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - As and when an eviction suit is filed under the general law in the State of Haryana, this in itself is a notice to quit tenant - No prior notice u/s 106 of the Act to quit is required to be given in order to get a decree of eviction against tenant...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice was served on tenant terminating tenancy - Suit for eviction filed almost after another two years, thus more than sufficient time had been given to defendant so as to vacate premises - Findings of Courts below on issue relating to validity of notice regarding termination of tenancy..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when transfer was made subject to said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father is aged about 75 years of age in 2021 - Nothing on record to even remotely show that basic amenities were being provided by petitioner - Once the ingredients of S.23 of the Act are fulfilled, application ought to be allowed - Transfer..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
