Transfer of Property Act, 1882, Section 105, 107 -- Rent receipt - Admissibility - Receipt in question handwritten and attested by two witnesses whereas other receipts were typed and not attested by witnesses - Attesting witnesses of receipt are such witnesses who would support the plea, right or wrong, honest or dishonest, of defendant - Account books not produced to show..........
Transfer of Property Act, 1882, Section 105, Contract Act, 1872, Section 182, 183, 184, 185, 186, 187 -- Agent can induct a person as a licensee for which no registered power of attorney is required as creation of licence does not amount to any transfer of right in the property and the same is not required to be carried out by virtue of a registered power of attorney...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - House given to wife's brother for management who gave lower portion of the house to one in his brotherhood - House was to be vacated on mere asking and rent was not chargeable - Held, it amounts to licence and not lease...........
Transfer of Property Act, 1882, Section 105 -- Tenancy - Proof - Payment of house tax - Defendant alleged to be licensee whereas he claiming to be a tenant - Payment of house tax in which defendant is shown to be a tenant - Held, payment of house tax by a person in possession of house is a unilateral act which is not sufficient to prove his tenancy...........
Indian Penal Code, 1860, Section 420 -- Accused taking shares against post dated cheque - Executing receipt acknowledging receipt and transfer of shares - No suggestion given to P.W. that shares has not been delivered - Merely because cheque was filed by complaint not sufficient to take away affect of receipt - Cheque signed by accused No.1 but given to complainant by..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a criminal case - Review - Trial transferred from jurisdiction of Madras High Court to jurisdiction of Karnataka High Court - Apprehension by applicant regarding his security - Apprehensions with regard to the Cauvery Water dispute, forest brigand Veerappan, have got nothing to do with the judicial function of the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment as party - Suit for perpetual injunction - Petitioner claiming interest in property by virtue of sale transfer pendente lite - Petitioners had not chosen to come on record during pendency of suit or even subsequent to filing of appeal - After sufficient lapse of time application for impleadment was filed -..........
Transfer of Property Act, 1882, Section 83, 106 -- Mortgage to tenant - Redemption of mortgage - Tenancy rights are revived as rights of lessee do not merge in rights of mortgagee, except where there is intention of parties to the contrary - Where parties have not intended to terminate lease at time of mortgage, tenant-mortgagee is entitled to continue in possession as..........
Transfer of Property Act, 1882, Section 58(d), 62, 83, 105, 111 -- Mortgage to tenant - Tenancy rights not relinquished - On redemption of mortgage tenancy rights of mortgagee-tenant will continue and as such mortgagor is not entitled to recovery of possession - There is no automatic merger of mortgage and pre-existing lease and two operate independent of each other and on..........
Punjab Trust Service ( Recruitment and Conditions of Service) Rules 1978, Town Improvement Act, 1922, Section 17 -- Punjab - Punjab Service (Recruitment and Service Condition) Rules 1975, Rule 5 - Appointment - Promotion - Initial appointment of the petitioner under the Trust rules - Petitioner declared surplus from improvement trust and adjusted and posted in municipal..........
