Transfer of Property Act, 1882, Section 53A, 106, Specific Relief Act, 1963, Section 20 -- Tenant - Agreement to sell entered into by tenant with the son of the landlord - In an eviction petition tenant took the plea of protection of S.53-A TPA - Tenant never filed suit for specific performance - Possession of tenant remains as tenant - Secondly agreement to sell is not in..........
Transfer of Property Act, 1882, Section 60 -- Right of mortgagor to redeem - Once a mortgage, always a mortgage and nothing but a mortgage - Shop mortgaged to the defendant - Plaintiff entitled to possession by redemption - Also entitled to mesne profits...........
Transfer of Property Act, 1882, Section 60 -- Mortgage deed - Not a sham transaction when mortgage amount is not heavily disproportionate to the value of the shop mortgaged...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Plea of defendant that he was inducted as a tenant - Admission on the part of defendant that the shop was mortgaged - Plea that he was inducted as tenant not available to the defendant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque a valuable security - Forms part of movable property of the deceased - It can be inherited or succeeded to by the legal heirs of the deceased...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 44 -- East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 - Delay - Condonation - Application u/s 42 of the Act to be made within six months of the date of order against which it is filed - Under the second proviso to R.18 competent authority..........
Transfer of Property Act, 1882, Section 58(f), Registration Act, 1908, Section 17 -- Agreement to deposit title deeds specifying loan amount, terms and conditions of loan transaction, identity and extent of property to be mortgaged, details of documents - Shows creation of equitable mortgage - Requires compulsory registration...........
Specific Relief Act, 1963, Section 22(2), 16(c), Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - suit for specific performance - In a suit for specific performance ingredients of S.16(c) Specific Relief Act must be satisfied - Suit decided without dealing with the matter raised in the suit - Failure to prove execution of agreement - 16 co-owners not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of five bags - Affidavit of constable who carried the sample to chemical examiner and affidavit of constable with whom case property was deposited not put to accused in his statement u/s 313 Cr.P.C. - Link evidence missing - Incident eight years old - Not in the interest of justice to..........
Agreement to sell -- Suit for specific performance - On the date of agreement vendor was not the owner of the property and had acquired title subsequently - In view of S.13(1)(a) Specific Relief At, on acquisition of title in the property subsequently, vendee can enforce the contract of specific performance. (Specific Relief Act, 1963, S.13(1)(a)...........
