Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Guiding factors : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Transfer of Property Act, 1882, Section 53A -- Doctrine of part performance - Cannot be pressed in service against a third party - Sale agreement with one `P' and he put into possession in part performance thereof - Sale deed not executed in favour of `P' - Sale agreement executed by `P' in favour of appellant who was put into possession - Doctrine of part performance..........
Civil Procedure Code, 1908, Order 21, Rule 90, Uttar Pradesh Debt Relief Act, 1977, Section 2(11) -- Auction sale in execution proceeding - Objections - Petitioner's plea as to he being small farmer under U.P. Debt Relief Act and decree cannot be executed against him - Fact that question as to whether petitioner is a `small farmer' have not been adjudicated upon -..........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Notice U.O.21.R.66 CPC not served upon J.D. nor the valuation of property given by D.H. - Held, sale of property suffers from material illegality and irregularity and the same is liable to be set aside...........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an application U.O.21.R.66..........
Transfer of Property Act, 1882, Section 46 -- Sale by power of attorney holder - Vendor in his life time did not challenge the sale deed executed by her attorney and no grievance made that he did not receive the consideration - Held, it is not open to a stranger to sale deed to say that sale deed was without any consideration or was invalid in any other manner...........
Transfer of Property Act, 1882, Section 65, 52 -- Displaced Persons (Compensation and Rehabilitation) Act, 1954 - Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 90(15) and 92 - Wakf Act, 1954, Section 2 - Principles of lis pendens - Evacuee property - Purchase in auction sale - Ownership right of auction purchaser would be from the date of..........
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 15 -- Specific performance of suit - Agreement to sell property - Plaintiffs averred that amount of loan advanced by them to defendant was treated as advance and balance sum was to be paid by plaintiffs at time of execution and registration of sale deed - However, defendant issued notice to..........
Redemption of Mortgages (Punjab) Act, 1913, Section 12, Limitation Act, 1963, Article 61 - - Usufructuary mortgage - Redemption of - Limitation - Suit land mortgaged on 10.03.1943 - Original mortgagee sold his rights to defendant No.1 on 20.07.1957 by registered deed - Original mortgagor sold his right of redemption to the plaintiff vide sale deed dated 25.01.1960 -..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 20 - - Displaced Persons (Compensation and Rehabilitation, Rules 1955, Chapter 14 - Sale of property - Auction purchaser - Title - Once auction purchaser is delivered the possession of the auctioned property after the sale is confirmed, the issuance of sale certificate is merely a ministerial act -..........
