P M E T, 2009 -- Clauses 7 4, 7 7 and 6 2 - Admission - Medical courses - Prospectus - Petitioner with better merit denied admission on 3.9.2009 on total misinterpretation, misconstruction and misconception of Clause 7.7 of the Prospectus which otherwise certifies the eligibility of candidates who passed their 10+2 examination from the institutions outside the State of..........
Transfer of Property Act, 1882, Section 106 -- Property in possession of tenant - Suit for possession - Owner of the property is always the landlord, even if he fails to prove the relationship of landlord and tenant between the parties - Owner after issuing valid notice u/s 106 PTA can always seek possession from the person in occupation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
Registration Act, 1908, Section 17, 49, Transfer of Property Act, 1882, Section 108 -- Lease of property of more than one year - Deed requires registration but not registered - Lease deed stipulated that tenant is not entitled to do any work upon property - Landlord failed to carry out repairs despite notice - Held, tenant is entitled to carry out repairs - A term under an..........
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...........
