Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of the plaint - The plaint are to be considered under O.7.R.11 CPC - While it is true that the defendant's defence is not to be considered at this stage, this does not mean that the court must accept patently untenable claims or shut its eyes to settled principles of law and put the parties to trial, even in..........
Settlement deed -- Essentials to complete gift as mandated u/s 122 of Transfer of Property Act would apply in cases of settlement deed also even though there is a slight difference between gift deed and settlement deed even if these terms are used interchangeably. (Transfer of Property Act, 1882, S.122)..........
Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens would not apply if proceedings were collusive...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens does not annul transfer but renders it subservient to rights of parties to a litigation...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Issue of lis pendens has to be decided as per facts of each case and there can never be a strait jacket formula for the same...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transferee pendente lite has limited rights on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of DHs to execute the decree in their favour...........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination - Lease of building includes land on which building stands or even if building is destroyed or demolished - Lease is not extinguished as long as land beneath it continues to exist - Even, doctrine of frustration also cannot be invoked on destruction or demolition of a building under lease...........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Document contains covenant for reconveyance of property in favour of plaintiff upon refund of amount received by plaintiff from defendant - Contents of document establish a lender and a borrower relationship between parties, where borrower as in lieu of..........
