Evidence Act, 1872, Section 154, Transfer of Property Act, 1882, Section 3 -- Hostile witness - Attesting witness of gift deed - Admitted his signatures but stated that without reading the gift deed he signed it - An attestor is not required to know the contents of document - Since the witness admitted his signature on the gift deed as such there is no necessity to treat..........
Supreme Court Rules, 2013, Order 40, Rule 1 -- Transfer of writ petitions pending in different High Courts to Supreme Court - Several writ petitions pending in different High Courts challenging validity of guidelines issued by Institute of Chartered Accountants of India on the ground that same is violative of Art.19(1)(g) of Constitution - Said guidelines and consequent..........
Transfer of Property Act, 1882, Section 54 -- Sale of house, measuring 220 Sq. Yards, with description of four room - There are in fact ten rooms in the house - Plea that only four rooms were sold - Held, mere non disclosure of all the rooms attracts evasion of stamp duty but it cannot be said that entire house was not transferred by sale deed when it is evident that..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Movable property - Gift of movable property may be effected either by a registered instrument or by delivery - Such delivery may be made in the same way as goods sold are delivered...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - For a gift to be valid, it must be gratuitous in nature and must be made voluntarily - There should be complete dispossession of the ownership in the property by the donor - Acceptance of gift by donee can be done anytime during the life time of donor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Immovable property - Gift of immovable property must be effectuated by means of a registered instrument bearing the signature of the donor and attested by at least two witnesses...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - S.122 of the Act neither defines acceptance nor does it prescribe any particular mode for accepting gift - Fact of acceptance can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in possession of the gift deed itself - Acceptance of..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance - Not only the gift deed in itself contained recitals about transfer of possession, but also the mutation records and statements of both the donor and donee indicate that there was acceptance of gift by conduct...........
Rajasthan Imposition of Ceiling of Agricultural Holdings Act, 1973, Section 6 -- Gift deed - Executed on 19.12.1963 - Gift is much before 26.09.1970 - S.6 of the Act does not effect transfer of land by donor in favour of donee - More so, there is no finding that gift deed was actuated upon any extraneous consideration - Hence, it constitutes a bona fide transfer which is..........
Rajasthan Tenancy Act, 1955, Section 30C, 30DD -- Ceiling area - Gift - Gift deed executed on 19.12.1963 much before the cutoff date stipulated u/s 30DD of the Act - Registered gift deed therefore, was a bona fide transfer squarely covered within ambit of S.30DD of the Act, which intended to protect rights of agriculturalists - Transfer held, valid u/s 30DD of the Act -..........
