Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Challenge as to - When a non-executant challenges deed, he has to plead and prove his title...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - A transfer pendete lite is not illegal ipso jure but remains subservient to pending litigation...........
Transfer of Property Act, 1882, Section 54 -- Sale - Attachment of property - Sale of subject property pending order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be construed as illegal sale...........
Transfer of Property Act, 1882, Section 106 -- Lease - Document of lease for period from 1994 to 2005 - It was thus, necessarily required to be registered as per S.107 of the Act - Since document in question is admittedly not registered one, it cannot create lease rights beyond a period of 12 months - Lease in question was neither for agricultural purposes nor for..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Intention of person who contributed purchase money has to be decided on basis of surrounding circumstances, relationship of parties, motives governing their action in bringing about the transaction and their subsequent conduct etc...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - In order to attract S.52 of the Act, right in immovable property which is subject matter of transfer, needs to be directly and specifically in question...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Property transferred in favour of petitioner is different from subject property - Transfer in favour of petitioner can be held to be hit by doctrine of lis pendens only in case DHs found favour from the Court in their application U.O.38.R.5 CPC i.e attachment before judgment - Question of transfer of..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offence - Offences under I.T Act - Inherent jurisdiction of Court u/s 482 Cr.P.C is forbidden as per Circular dated 17.10.2024 where the compounding of offence is permissible u/ss 276-B, 276-BB of I.T Act - Petitioner may resort to procedural remedy u/s 320 Cr.P.C and seek for compounding of offences...........
