Transfer of Property Act, 1882, Section 116, Punjab Security of Land Tenure Act, 1953, Section 9 -- Tenant holding over - Protection u/s 9 of 1953 Act - Operation of S.116 of T.P. Act confers legitimacy to the possession of tenant even after termination or expiration of deemed period of lease so as to confer on him a status akin to that of a statutory tenant and hence he..........
Punjab Security of Land Tenure Act, 1953, Section 9, Punjab Tenancy Act, 1887, Section 4(5), Transfer of Property Act, 1882, Section 116 -- Eviction - Tenant holding over - Both the Acts of 1953 and 1887, do not include a tenant whose lease has expired - Nevertheless, retention/continuance of possession after expiry of duration of lease with the consent of landlord will..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 354A, Information Technology Act, 2000, Section 67A -- Discharge - Offence u/s 354-A IPC and S.67-A of I.T Act - Posting of obscene message through social networking site in account of defacto complainant - Plea of alibi as claimed is a question of fact which may be agitated in the course of trial..........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Transfer of possession covered by registered instrument of gift duly signed by donor and attested as required in law is not a sine qua non for making of valid gift under the provision of T.P. Act...........
Transfer of Property Act, 1882, Section 123 -- Gift - Validity - Gift deed executed by defendant no.1 in favour of plaintiff was a valid gift deed for all intents and purposes - There was clear recital that possession of property subject matter of the same was also handed over to plaintiff - Moreover, transfer of possession is not a sine qua non for making of valid gift..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3) -- Eviction - Date to be reckoned for the purpose of bringing the suit within provision of T.P.Act and out of ambit of rigor of Rent Act is the date of sanctioning of revised plan - Since the suit filed within 10 years from the date of sanctioning of revised plan - Defendants cannot take the benefit of..........
Will -- Family pension - Cannot be bequeathed by Will, as it would come under the ambit and sweep of property of the widow of deceased employee and it cannot be equated with the estate of that employee in view of S.6(g) of T.P. Act - However, other retiral benefits like provident fund, gratuity etc. and other retiral dues excluding family pension would be of deceased..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery of possession - Defendant admitted the relationship of landlord and tenant between her and plaintiff - Defendant's tenancy had been validly terminated by plaintiff u/s 106 T.P.Act, upon issuance of legal notice and if not so, then upon service of summons in suit on her along with accompanying..........
