Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 68 -- Sale deed - Proof - Provision of S.68 of Evidence Act which deals with examination of attesting witness to prove execution of a document, does not apply to sale deed which is governed by S.54 of TPA...........
Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 106 -- Suit for permanent injunction - Lease - Restraining defendants from interfering in peaceful possession - Lease terminated by serving notice u/s 106 TPA - Plaintiff not pleaded any protection under rent laws - Since the year 2005 plaintiff has not paid even a penny - Held, in these..........
Income Tax Act, 1961, Section 2(47)(v), Transfer of Property Act, 1882, Section 53A, Registration Act, 1908, Section 17, 49 -- Capital gain - Liability to pay tax - Applicability of doctrine of part performance u/s.53A of T.P.Act - By Registration (Amendment) Act, 2001, if agreement like Joint Development Agreement (JDA) is not registered, then it shall have no effect..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 49, Evidence Act, 1872, Section 61 -- Lease for more than one year - Evidentiary value of non registration of document - Once an instrument is compulsorily required to be registered under the provisions of TPA, 1882 and it is not so registered, it cannot be received as evidence of any transaction..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 61 -- Determination of lease - Payment of rent - In the absence of substantive evidence such as account books, payment of rent cannot be accepted on basis of oral evidence...........
Transfer of Property Act, 1882, Section 53A -- Part performance - No relief u/s 53-A of the Act will be available to transferee on basis of contract of sale, if executed on or after cut-off date without having registration...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Suit for declaration and injunction - Instituted upon unregistered agreement to sell executed much after cut-off date - Therefore, plaintiff cannot take benefit of S.53-A of the Act as his claim is based upon unregistered document and hence, plaintiff claim is not maintainable...........
Transfer of Property Act, 1882, Section 70, 63 -- Accession - Property obtained by way of exchange by mortgagor, cannot be said to be accession...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 24, 25, 31, Transfer of Property Act, 1882, Section 70, 63 -- Recovery of debt - Realization of dues from mortgaged properties - Educational Trust took loan by mortgaging 6 properties and running institutions from loan amount - Despite earning profits, Trust not repaying loan amount - Education..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
