Transfer of Property Act, 1882, Section 44 -- Dwelling house - Belonging to undivided family of two brothers - One brother cannot alienate any specific portion of the house without partition - Purchaser from one brother, who is not member of the family is not entitled to joint possession or other common or part enjoyment of the house - Object of second part of the..........
Tenancy -- Proof - Certain essential features have to be proved to hold that there is relationship of landlord and tenant - It necessarily involves the existence of a contract in the form of lease deed or any circumstantial evidence showing that such a contract was in existence - It further requires that possession of the immovable property should be proved by tenant in..........
Tenancy -- Proof - Oral evidence rebutted by oral evidence - No Rent deed or lease deed produced on record - No rent receipt proved on record - Held, in such a situation, no finding can be recorded to conclude that there is relationship of landlord and tenant between the parties. (Transfer of Property Act, 1882, S.105)...........
Agreement to sell -- Suit for specific performance - Ready and willing - Pleading and proof - It is not necessary for the plaintiff to plead or prove that he had tendered the money to defendant on any particular day or had demanded transfer of property by a registered sale deed...........
Transfer of Property Act, 1882, Section 72, 76, Contract Act, 1872, Section 151, 152 -- Hypothecation of movables - Amounts to mortgage - Loss of goods - Held, there is presumption if the goods are lost that it was because of the negligence of the party, who stored the goods...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Attachment of property in custody of Court - Execution application - Transfer of - Question of title between D Hand Stranger - Also pending - Also to be decided by Transfer court - Transferee Court need not remit amount automatically to transferor Court...........
Railways Act, 1989, Section 53 -- Railways services - Mutual transfer of seat or berth by passenger travelling by same train with permission of the railway servant is not prevented according to section 53 of the Railways Act - Contention of OP that complainant travelled unauthorisedly held not acceptable...........
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, Section 19 -- UCO Bank Officer Employees ( Disciplinary and Appeal) Regulations, 1976, Regulation 7(2) - Departmental enquiry - Principles of natural justice - Disagreement of Disciplinary Authority with report of Enquiry Officer on certain charges informed to the petitioner for making submissions -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleadment as a party - There is no absolute rule that the transferee pendente lite without leave of the court should in all cases be allowed to join and contest the pending suits...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Impleadment as a party - Purchase of property during pendency of suit without leave of Court - Transferee should ordinarily be joined as party to enable him to protect his interest - However, in the instant..........
