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..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - U/s 41 of the Act express or implied consent has to be valid and free consent - In case, transfer is procured by fraud and misrepresentation in absence of bona fide, the plea of bona fide purchase is not available - Fraud vitiates everything...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Express or implied consent - The same is to be on the part of the vendee or with his consent, by his vendor - In absence thereof, it would be unfair to deny the right to contest to the subsequent vendee - It is for the party alleging fraud to prove the fraud and misrepresentation, as no presumption can be..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Ostensible owner - Vendee of such owner is entitled to the protection of bona fide purchaser u/s 41 of the TPA - After coming into force of Benami Transaction (Prohibition) Act, the consent of true owner has lost significance as for all intents and purposes, the person registered as owner of the property..........
Transfer of Property Act, 1882, Section 41 -- `Person' - Includes Union or the State Government - `Person' has not been defined in the statute, therefore, needs liberal interpretation...........
Transfer of Property Act, 1882, Section 41 -- Provision of S.41 of the Act has no application where transfer is held invalid u/ss 19 & 24 of the Act, as no estoppel can be pleaded against the provisions of the statute...........
Transfer of Property Act, 1882, Section 41, 24, 33 -- Non availability of protection u/s 41 of the Act - Not a bar to the subsequent vendee, also being a proper party, to contest the order of cancellation by resorting to the provisions of Ss.24 & 33 of the Act...........
Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 13, 19 -- Subsequent vendee - Non availability of the protection of S.41 of the Act - Bona fide purchaser will be entitled to get back his money along with interest and costs etc. from his vendor...........
