Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
Haryana Compassionate Assistance, Dependents of Deceased Government Employees Rules, 2003, Rule 3(k), 18 -- Compassionate appointment - Orphan - Relaxation of rules - Parents of petitioner both J.B.T. Teachers in Haryana Education Department died in accident in 1988 when the petitioner was only one year of age - Claim of compassionate appointment on attaining majority in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i)(a), Transfer of Property Act, 1882, Section 106 -- Bona fide necessity - Notice u/s 106 TPA bereft of details about nature of business intended to be established in tenanted premises - Held, not fatal, especially when nature of business is disclosed in evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Restraining alienation - Rule of lis pendens may be inadequate to prevent the mischief in certain cases - A person claiming injunction in such a situation has to show that protection u/s 52 of TP Act is not adequate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Transfer of Property Act, 1882, Section 58, Contract Act, 1872, Section 140, 146 -- Loan to a firm - Government standing as a guarantor - Mortgage deed executed for securing loan - Proceeded on failure to repay loan against other properties over and above those covered by that deed as its terms so provided - Does not change the relationship of mortgagee-mortgagor to that..........
Transfer of Property Act, 1882, Section 106 -- Notice - When specific date showing expiry of lease period is shown in the lease deed then question of issuing quit notice u/s 106 TPA does not arise...........
Easement Act, 1882, Section 52, 61, 63, Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 11 -- Licence - Revocation - Suit for ejectment on expiry of licence period - Notice u/s 106 TPA is not required to be served before institution of suit - S.106 TPA is applicable to lease and not to licence - Plaint not liable to be rejected for..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 19, Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Evacuee land allotted to displaced person - Allottee transferring land through sale for valuable consideration - Chief Settlement Commissioner cancelled allotment being invalid - Held, transferee is not entitled to protection of..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - In order to succeed in a plea of bona fide purchaser, u/s 41 of the Act, it is to be proved, that the transferor is ostensible owner - That he is so with the consent express or implied of the real owner - That the transfer is for consideration, and that the transferee has acted in good faith taking..........
