Transfer of Property Act, 1882, Section 58(b), 60, Limitation Act, 1963, Article 61(b), 63(b) -- Simple mortgage - Suit for possession - Limitation - Right of mortgagee does not start to run with ending of mortgagor's right to sue for redemption - Time begins to run with starting of mortgagees right under Transfer of Property act...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Contention of fraudulent transfer/s 53 TPA in a claim for property attached before judgment is not hit by S.11 Expln.IV when such claim is allowed on the ground of transfer having taken place before order of..........
Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 116 -- Lease of land by owner - Lessee admitting lease - Lessee estopped from denying title of owner - Lessee denying title - Tenancy stood automatically terminated...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Plaintiff putting his lock at the shop - Does not amount to creation of lease when intention of the parties, nature of the property and the purpose of induction of the plaintiff show creation of licence alone...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Substance has to be preferred than the form of the document in ascertaining whether a document is lease or licence - Shop was given for the benefit of employees which does not create any interest in the property - Right to use of shop was given for the need of the employees -..........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Transfer of property during pendency of litigation without permission of Court - Such transfer is hit of doctrine of lis pendens - Transferee pendente lite is not entitled to be impleaded as a party to the suit as of right...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
Transfer of Property Act, 1882, Section 44, Punjab Land Revenue Act, 1887, Section 112 -- Partition - Mode of - Sale of specific khasra numbers by co-sharers - Provision made in the mode of partition for allotment of those specific khasra numbers to the concerned co-sharer who sold the same - Allotment of those khasra numbers to the purchaser treating them co-sharer to..........
Transfer of Property Act, 1882, Section 55 -- Provision of S.55 of the Act becomes applicable only in the absence of the contract to the contrary...........
