Transfer of Property Act, 1882, Section 108 -- Unregistered lease deed for more than one year - Provision of TP Act are still attracted to supply the implied covenants of lease and they could be only substituted by specific terms in the lease deed to the contrary - A terms in a lease deed which is required to be registered could be used to displace an implied covenant of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - JCB machine - L&T Case - Respondent No. 1 who categorically stated that the machine was purchased by him to get the hilly portion of the land levelled and machine used ever since it purchase for his personal use and it was not put to commercial purpose - The stand of respondent No.1 remained..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g) -- JCB machine - L&T Case - Manufacturing defect - Respondent No. 1 who categorically stated that the machine was purchased by him to get the hilly portion of the land leveled - Machine having recurring defects - The machine instead of working smoothly was more being attended upon by the appellants and respondent No...........
Transfer of Property Act, 1882, Section 48 -- Sale deed - Two sale deeds by the same vendor - S.48 of the Act ordains to accept supremacy of the former sale deed in all the terms than the later - Transferor cannot prejudice the rights of transferee by any subsequent dealing with the property...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Mere verification of municipal record to ascertain title of the transferor by itself is not sufficient - Municipal record is necessarily for the purpose of collecting property taxes - Transferee should make due search in registration index...........
Transfer of Property Act, 1882, Section 53A -- Part performance - A person invoking protection of Section 53-A of the Act has to prove that he was willing to perform his part of contract...........
Transfer of Property Act, 1882, Section 111(d) -- Lease - Joint tenancy of two persons - Purchase of property by one of them - Doctrine of merger attracted - No tenancy right remain with the other joint tenant...........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 60 -- Res judicata - Second suit for redemption of mortgage - First suit dismissed U.O.17.R.3 CPC - Held, in the absence of extinguishment of right of redemption, second suit for redemption not barred and is not hit by principle of res judicata as in the previous suit right of redemption was..........
Civil Procedure Code, 1908, Order 12, Rule 6, Transfer of Property Act, 1882, Section 114 -- Statement made by a party in its petition u/s 114 of Transfer of Property Act can be considered by the Court in pronouncing the judgment on admission U.O.12.R.6 CPC in view of clear words `pleading or otherwise' used therein especially when that petition was filed in the suit...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Unless there is written agreement of sale, agreement holder cannot claim possession in part performance of agreement u/s 53-A of T.P. Act...........
