Rajasthan Housing Boards Act, 1970, Section 50 -- Transfer of property during pendency of suit without permission of Court to Housing Board - Transferee impleaded as party to the suit - Statutory requirement of serving notice on the Housing Board will come into force only if there is transfer of property prior to commencement of suit - Notice u/s 50 not necessary in such..........
Negotiable Instruments Act, 1881, Section 138 -- Transfer of case - Dishonour of cheque - Complaint at Warangal filed - Drawer of cheque filing complaint at Hyderabad that he had already paid the amount of cheque, but cheque not returned to him - Subject matter of both the complains one and the same - Complaint at Hyderabad transferred to Warangal as it was filed earlier..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Goodwill - Its sale of even less than Rs.100/- requires compulsory registration...........
Transfer of Property Act, 1882, Section 54, 118 -- Sale or exchange - First party agreeing to transfer 12 acres of land in favour of second party and second party agreeing to transfer 96 cents in favour of first party - Documents could be executed in favour of all persons nominated by parties - It contemplates sale deeds by both parties not exchange...........
Transfer of Property Act, 1882, Section 58(c), Specific Relief Act, 1963, Section 10 -- Sale deed - Stipulation that vendee who is put in possession of property, shall reconvey property to vendor if vendor repays within period of three to five years from date of deed, amounts received from vendee - Held, deed is deed of sale with right to repurchase and not deed of..........
Easement Act, 1882, Section 4, Transfer of Property Act, 1882, Section 8, 19, 11, Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 47 -- Right of way - Injunction decree to prevent interference - Such easementary right is statutory right and is right in rem - Transfer of servient heritage by J.D. does not extinguish right, rendering decree..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Bomb blast case - Petitioner sought transfer of case on ground of surcharged communal atmosphere at place of incident - Nothing was placed on record as to inability of State to ensure free, fair and impartial trial against accused - Petitioner and other accused are adequately represented in Court - State..........
Transfer of Property Act, 1882, Section 106 -- Notice - Construction - Notice not to be construed in a hair-split manner so as to find out loop-holes in such notice - Inconsequential mistakes in notice not to be found out - From the notice it must be apparent that the landlord wants to terminate the tenancy and the minimum period of such notice has been complied with...........
Transfer of cases -- Divorce case - Filed by husband at Samastipur - Wife filing criminal complaint at Hajipur Court - Wife seeking transfer of Divorce case - Hajipur half way between Samastipur where husband resides - Divorce case pending at Samastipur ordered to be transferred to District Court at Hajipur...........
Practice and Procedure -- Passing of strictures - Validity - High Court has passed strictures against S.D.M. - High Court has also directed District Magistrate to transfer proceedings u/s 145 Cr.P.C. from S.D.M. - Held, strictures were uncalled for - Two views are always possible - Merely because High Court takes a different view is no ground for passing strictures..........
