Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Commercial Courts Act, 2015, Section 15(2) -- Transfer of pending cases - Commercial dispute - Suit was pending before Sub Court when Commercial Court for area was constituted - Suit should have been transferred to Commercial Court - Order directing return of plaint set aside - Court below directed to transfer the suit to Commercial Court...........
Agreement to sell -- No title accrues in favour of plaintiff by way of agreement to sell, as transfer of property by way of sale can only be by a deed of conveyance...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Matrimonial proceedings - Convenience of wife has to be considered than inconvenience of husband who is admittedly working as a software engineer and getting salary...........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of divorce petition - Two other matrimonial cases pending in another Court - Divorce petition transferred to the place where two other cases are pending...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Cannot be issued directing respondent to register gift deed when order of attachment issued by a competent civil Court is in force - However, if petitioner wants to transfer property pending the suit, same can only be on the strength of an order passed by competent civil Court where said suit is pending..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of father - Specific condition was incorporated in transfer deed that petitioner/son will have to provide all basic amenities and fulfill the necessary needs of transferor and in case of not doing so, transferor would be entitled to take back the property..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Father at the age of 76 transferred two shops under his ownership to his children - In the transfer deed made in favour of son, father duly incorporated his expectation - Consequences for not living up to father's expectations were..........
