Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Once a usufructuary mortgage is created, mortgagor has a right to redeem the mortgage at any point of time, as once a mortgage always a mortgage...........
Utilization of land -- Non-payment of compensation - Land is utilized for road to be owned by Panchayat/Municipality - Admittedly, there is neither any acquisition proceedings nor any transfer of rights by landowners by way of sale, gift or otherwise - Defence of Panchayat is that it was a voluntarily surrender of rights for no consideration - However, no document or..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Cause of action for transfer petition wholly accrues at District Shahjahanpur which is beyond the specified area of Oudh - In the matter relating to transfer of case from one district to another, if the case is pending before a Court which is within specified area of Oudh only in respect of such cases, Court..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - If there is exchange of some hot words between Court and counsel, same is not a ground for transfer of case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - Merely because Magistrate has failed to dispose of application of petitioners filed u/s 12 of PWDV Act, is not a ground to transfer the case - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case filed u/s 12 of PWDV Act - CJM while rejecting transfer application made some uncalled for and unnecessary remarks against Advocates - Remarks made by CJM against Advocates expunged...........
Haryana Panchayati Raj Act, 1994, Section 7(4), Haryana Municipalities Act, 1973, Section 2A -- Demarcation of Sabha area - Transfer of land to municipal bodies - Effect of - Act of 1994 contemplates vesting of property of Gram Panchayat with Municipality - Whereas Municipal Act takes into its ambit properties vesting with Panchayat - Therefore, if whole or part of..........
Transfer of Property Act, 1882, Section 54, 55 -- Sale - Transfer of prior sale deeds to defendant - Does not indicates it to be money transaction but indicates it that it is only an actual sale in respect of property covered by it...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - Plea that it was executed as security for a loan and there was oral agreement to reconvey on payment of borrowed amount - No convincing evidence of oral agreement - In absence of convincing and cogent evidence, plaintiff is not entitled to adduce evidence invoking S.92 Proviso of Evidence..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
