Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, Evidence Act, 1872, Section 90, Civil Procedure Code, 1908, Section 100 -- Suit for permanent injunction - Categorical findings recorded by trial Court that plaintiffs were able to establish their ownership over subject property, as same was purchased by..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Agricultural land - Bhumidhar with transferable rights can transfer his right, title and interest of any agricultural land by way of gift...........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 152, Transfer of Property Act, 1882, Section 122, 123 -- Gift - Gift deed was executed by donor in favour of minor sons through their mother - Donor was a legally competent person and no consideration was taken by donor - There is recital of delivery of possession - Even the property in question was..........
Registration Act, 1908, Section 71 -- Refusal to register document - Persons executing document can only transfer right that they have - Merely because they are purporting to transfer possessory rights and they are not been able to produce any prior documents cannot be a ground for Sub-Registrar to refuse registration...........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - Condition of right to repurchase in sale deed not personal to the vendor unless terms in the document specifically state so - No implied prohibition of transfer or assignment can be inferred in a document - Benefit of contract is assignable in cases..........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........
Civil Procedure Code, 1908, Section 24 -- Matrimonial dispute - Transfer of petition - When a transfer is sought by wife in consideration of her convenience, that request shall ordinarily be allowed by Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Benami Transactions (Prohibition) Act, 1988, Section 4, Evidence Act, 1872, Section 102 -- Benami transaction - Burden of proof - Burden of showing that a transfer is a benami transaction always lies on person who asserts it...........
Commercial Courts Act, 2015, Section 15, 16 -- Written statement - Applicability of the Act - Time schedule available for submitting written statement under the Act may not have any application pertaining to a written statement submitted before regular civil Court before transfer...........
