Suit for recovery -- Mesne profit - Commercial projects - Admittedly, if lease was not extended respondent was then to be considered as unauthorized occupant of premises situated in a commercial area - Hence, user charges/mesne profits with 15% increase of last paid rent were most reasonable - Moreover, respondent nowhere has alleged in its written statement that it had..........
Transfer of Property Act, 1882, Section 54 -- Sale - Delivery of possession - Not an essential condition for sale...........
Transfer of Property Act, 1882, Section 45 -- Joint ownership - Presumption of ownership - Predecessor of plaintiffs and defendants are brothers - They proposed to purchase property together - Subsequently, predecessor of plaintiffs retracted and was not interested to purchase property due to funds crunch - Predecessor of defendants alone paid entire consideration - Since..........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Protection of Women From Domestic Violence Act, 2005, Section 26, 12 -- Domestic violence proceedings - Transfer to Family Court where divorce proceedings are pending - Family Court does not lack such jurisdiction to hear two proceedings together - In domestic violence proceedings an appeal lies to High Court and no party will be loosing his/her right of appeal - What is..........
Rent and Eviction -- Landlord and tenant relationship - Family settlement - Owner of property made a settlement in favour of his son - Title thus acquired, in any event, cannot be called in question by the person who is in occupation of the premises as a tenant when owner who admitted was his landlord did not continue to claim to be the landlord - In view of provision of..........
Will -- Nature of Will - Will cannot be construed as `transfer' as contemplated u/s 5(6) of U.P. Imposition of Ceiling on Land holdings Act, as Will in its fundamental terms merely embodies a disposition of property which is to take effect after death of deceased...........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Sale deed - Registration - Sale of tangible immovable property worth more than Rs.100 can only be effected by registered instrument - Since a property worth more than Rs.100 is sought to be conveyed to plaintiff by u, registered instrument, such a document would not result in transfer of..........
Motor Vehicles Act, 1988, Section 157 -- Accident - Insurance policy - S.157(1) of the Act shows that transfer of Certificate of Insurance is deemed to have been transferred in favour of person to whom motor vehicle is transferred w.e.f. the date of its transfer...........
Motor Vehicles Act, 1988, Section 166, 157 -- Accident - Injury case - Driver purchased vehicle after accident and became registered owner - Plea of insurance company that said fact not brought to notice of insurer - As far as third party is concerned, entitlement of securing Award and enforcing it against insurer can never be denied and liability would therefore be of..........
