Ex-servicemen (Re - employment in Central Civil Services and Posts) Rules, 1979, Rule 6, 6A -- Termination - Appointment - Ex - servicemen - J.B.T. teacher - Unit Education Instructor Course - From Army Educational Corps - Equivalence with J.B.T. - Services of petitioners terminated holding that Unit course certificate not equivalent to JBT - The said course recognized by..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Necessary conditions to be satisfied are : (1) There must be a contract to transfer for consideration any immovable property; (2) The contract must be in writing signed by the transferee or by someone on his behalf; (3) The writing must be in such words from which the terms necessarily construe that the..........
Transfer of Property Act, 1882, Section 106 -- Sale of property after issuance of notice u/s 106 TPA - Suit filed on the basis of notice issued by erstwhile owner is maintainable as when right, title and interest in immovable property stands transferred then successor in interest is entitled to the rights of the predecessor...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act comes into existence from the point of institution of the suit and continues to survive till the satisfaction of the decree...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Provision of S.52 of the Act is not applicable where the suit is collusive...........
Indian Penal Code, 1860, Section 376, 377, Evidence Act, 1872, Section 3 -- Rape and unnatural offence - Allegedly committed by Headmaster on school girl aged 8-12 years - Victims, the minor children examined at trial - Appreciation of evidence of child witness who is also prosecutrix - Must be evaluated carefully as the child witness may be swayed by what others tell him..........
General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 TPA - Sent by registered post - Received back with remarks `not present' - Presumption of service cannot be drawn as the letter was not actually served...........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 TPA - It is not merely the despatch of notice which is the requirement of S.106 TPA - Rather S.106 TPA envisages service of notice of termination of tenancy, that too by giving notice specified therein...........
Transfer of Property Act, 1882, Section 106 -- Notice u/s 106 TPA - Notice can be sent by post or tendered or delivered to the party or one of his family members or servant at his residence, and in case such tender and delivery is not practicable affix it at the conspicuous place of the property...........
Transfer of Property Act, 1882, Section 60 -- Mortgage of property to tenant - Rent was to be appropriated towards interest - Redemption of mortgage - Relationship of landlord and tenant continues to subsist between the parties - On passing of decree for redemption of mortgage, tenant cannot be directed to handover possession of suit property merely because of redemption -..........
