Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Displeasure of an accused person about the manner in which investigation proceeds or an unsubstantiated allegation of a conflict of interest against police conducting the investigation must not derail legitimate course of law and warrant the invocation of extraordinary power of SC to transfer an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 410, 467, 468, 471, 120B -- Bail - Forged transfer deed - Petitioner attested sale deed as a witness on basis of Aadhar card - However, petitioner who is a practicing advocate is expected to be more careful and more responsible and he cannot sign sale deed as a witness simply on basis of..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Lease - U, registered lease deed - Not admissible in evidence - Though it can be looked into for collateral purposes, but neither duration of lease nor its renewal is a collateral purposes...........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17, 49, Stamp Act, 1899, Section 35 -- Lease - U, registered lease deed as relied on by Corporation cannot be looked into - Since Corporation's possession is admitted, very lease must be treated as month-to-month tenancy and Corporation thus, has no basis for renewal of lease...........
Transfer of Property Act, 1882, Section 60, Trusts Act, 1882, Section 90 -- Mortgage - Redemption - Mirashi Tenant-mortgagor - Inam land - Suit land resumed to Government under Abolition Act - Mortgagee applied for regrant though he was not a permanent Mirashi tenant and regrant was made in his favour - Failure on part of mortgagor to pay occupancy price and seek a regrant..........
Transfer of Property Act, 1882, Section 118 -- Exchange of immovable property in Haryana - S.118 of the Act was not extended at the relevant time to State of Haryana - Exchange of land can even be oral and not required to be only through registered documents in 1981...........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Transfer of Property Act, 1882, Section 111 -- Suit for possession by landlord - After expiry of lease, merely not choosing right to seek possession in terms of lease deed, does not foreclose rights of lessor as owner of property...........
Transfer of Property Act, 1882, Section 116 -- Tenant at sufferance - Expiry of lease - If lessor accepts payment of lease money from tenant then S.116 confers status of tenant holding over on yearly or monthly basis - After expiry of lease period, and in absence of payment of rent by lessee, status of lessee would be that of tenant at sufferance and not tenant holding..........
