Agreement to sell -- Mere agreement to sell does not itself create any interest in or charge on property agreed to be sold as per S.54 of Transfer of Property Act...........
Agreement to sell -- Execution of registered agreement to sell coupled with delivery of possession does not result in transfer of immovable property worth more than Rs.100/-...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of tenant - Landlord who happens to be senior citizen cannot seek eviction of tenant under the Act, who is neither his children nor a relative, as tenancy is not a transfer of property - Senior citizen landlord has to seek eviction under ordinary law - Application dismissed...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - If a registered lease deed is executed and if no option is reserved to landlord to determine lease, lease stands terminated by efflux of period mentioned therein and not at the unilateral option of landlord...........
Transfer of Property Act, 1882, Section 107, 106 -- Termination of lease - Lease deed executed for a fixed period of 30 years - Rent payable annually - Lease shall be deemed to be yearly lease with secured terms of 30 years - Quit notice issued by landlord by granting 15 days notice is contrary to S.107 of the Act, as termination of lease can be made only by issuing a quit..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Convenience of one of parties - Not a ground for allowing his application...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case within a State - Language of Court - If a Court hearing a case possess jurisdiction to proceed with same, solely on the basis that one of parties of case is unable to follow language of Court, would not warrant exercise u/s 406 Cr.P.C, particularly when aid of translator is available in Court and petitioner..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of criminal case within a State - Grounds of overlapping points due to pendency of civil suits with those involved in criminal case pending in same court, would not justify transfer of case - Transfer application dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Medical ground - Petitioner sought transfer of two criminal cases from West Bengal to New Delhi - However, after examination of 32 witnesses, it will not be in the interest of justice to order transfer - Co-accused in first case cannot ask to travel Delhi and expect to defend case effectively - Transfer..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Failure of transferee to send a notice calling upon transferor to execute sale deed demonstrates that he was not ready and willing to perform his part of contract - Transferee not entitled to get possession over suit property u/s 53-A of the Act...........
