Criminal Procedure Code, 1973, Section 125, 407 -- Maintenance petition by wife - Transfer of petition - Petition filed by wife at Amritsar - Wife an Advocate by professional and she a member of District Bar Association, Amritsar - Grievance of husband is that no lawyer is accepting his brief - Husband and his counsel were threatened by Advocates representing wife -..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage with conditional sale or sale - Clause of re-conveyance of properties specifically mentioned in deed in question - Intention of parties was more than clear that it was a conditional sale deed/mortgage deed - Requirement of S.58(c) of the Act are fully incorporated in deed in question - Only because contingency..........
Adverse possession -- Plea of adverse possession by tenant - When plea of adverse possession is raised by a tenant, assuming the title in himself against the real owner and once a notice to determine lease, per S.111(g) of Transfer of Property Act is given, tenant cannot allege ouster of jurisdiction of civil Court...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Vendor having 1/3rd share in suit property sold entire property to vendee - He is not the owner of entire suit property and thus, could not have passed a valid title for entire land in favour of vendee - Vendee cannot take refuge under garb of being a bona fide purchaser and cannot take advantage of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Inconvenience pleaded by wife is completely baseless as distance between Family Court at place `B' is about 54 kms as against 51 kms at place `H' - In any case, in order to compensate wife in alleged inconvenience, it is directed that husband shall pay travelling expenses to wife on her..........
Government Grants Act, 1895, Section 2, 3, Delhi Rent Control Act, 1958, Section 2 -- Rent and eviction - Perpetual lease deed with Union of India - Non payment of rent by Union of India - Proceedings under Rent Act - Competent - As S.3 of Government Grants Act restricts its applicability only to Transfer of Property Act...........
Rent and Eviction -- Sub-letting - Means transfer of an exclusive right to enjoy property in favour of third party - To constitute sub letting, there must be parting of legal possession, i.e., possession with the right to include and also right to exclude others. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.10(2)(ii)(a)...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - Sale deed must contain a stipulation regarding re-purchase of property - If stipulation regarding re-purchase of property on payment of mortgage money is not embodied in sale deed itself, it will not be a mortgage by conditional sale - Even if condition of reconveyance is by way of separate..........
Motor Vehicles Act, 1988, Section 41(1), Central Motor Vehicles Rules, 1989, Rule 48, 55, 115 -- Application for registration of transfer of ownership of vehicles - Dismissal of application on the ground that vehicles does not comply with prescribed emission standards - Plea of petitioner that circular does not prescribe for any such standard is contrary to record as..........
Prevention of Corruption Act, 1988, Section 3 -- Special Court constituted u/s 3 of the Act, forms part of justice delivery system constituted under sovereign function of State, it falls outside scope of term "criminal Court in same sessions division" as contemplated u/s 407(2) Cr.P.C - Consequently, application for transfer of a matter pending before one sessions division..........
