Transfer of Property Act, 1882, Section 106, Evidence Act, 1872, Section 114, Post Office Act, 1898, Section 14 -- Notice - Sent as per registered post - `Refused' - There is presumption of service of notice - Putting of postal rubber stamp as `refused' under S.14 of Post Office Act is not mandatory - Evidence of postman who made the endorsement not untrustworthy - Held,..........
Transfer of Property Act, 1882, Section 3 -- `A person is said to have notice' - Meaning - In its legal sense notice can be termed as an information concerning a fact actually derived from a proper source, or else presumed by law to have been acquired, which information is regarded as equivalent to knowledge in its legal consequences - Notice is the making something known,..........
Transfer of Property Act, 1882, Section 39, 3 -- A person said to have notice - Where a person is fully aware of the existing rights of the parties and more so where such transferee is a member of the family, it cannot be said that he is not aware of the rights of the other members or persons forming part...........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge - Right to receive maintenance by wife can be enforced against transferee of property who has knowledge of existence of such a right - Decree for maintenance need not have been passed prior to transfer - Existence of right under law is notice to all - Where transferee is a member of the family, he must be..........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 5, 10, Transfer of Property Act, 1882, Section 40 -- Agreement of sale - Executed prior to order of attachment before judgment - Held, agreement of sale prevails over the attachment...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41, 52 -- Subsequent purchaser - Subsequent purchasers son of the mortgagee in possession and residents of same village - Inhabitants of a small village is presumed to have knowledge of an agreement to sell executed in favour of one party of the same village - Held, that subsequent vendees..........
Railway Protection Force Rules, 1987 -- Departmental enquiry - Defence assistant - Transfer at his own request of defence assistant assisting the petitioner in the enquiry - Petitioner stated that he is willing to defend himself during enquiry - Such transfer cannot be construed as a denial of opportunity to the petitioner, either violating the principles of natural..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Party can approach District Court or High Court - When a party is unsuccessful in a transfer petition filed before District Court then that order can be challenged but party cannot approach High Court under S.24 CPC for same relief - Party can however, approach High Court under Article 227 of the Constitution to..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 105, 107 -- Rent deed/lease deed - When executed for more than 12 months then the same is compulsorily registerable...........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 105, 107 -- Rent deed for more than 5 years - Not registered - Period of tenancy cannot be read as applicable between the parties...........
