Transfer of Property Act, 1882, Section 122, 123 -- Gift by Karta - Undivided Hindu co-parcenary property - Gift executed by Karta in respect of undivided share is void, as Karta had no right to execute any such gift or confer any proprietary right in respect of his wife in complete exclusion of his sons, who had birth right in property...........
Criminal Procedure Code, 1973, Section 91, Evidence Act, 1872, Section 123, 124 -- Production of documents - Evidence as to affairs of State - Documents in question were submitted by CBI to Ministry of Home Affairs in the form of seven proposals for obtaining permission for interception of certain telephone calls of accused persons - Said documents are very much in the..........
Transfer of Property Act, 1882, Section 123 -- Gift - Delivery of possession of gifted property is not an essential requirement for making a valid gift of immovable property...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Limitation is 30 days from the date of passing of decree - However, in circumstances where summons or notice is not served, the period of 30 days is to be reckoned from the date of knowledge of decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Delay of about two years in filing application - Defendant appeared in the case of his own and thereafter was proceeded ex parte - Held, application is barred by limitation and in the absence of any supporting application for seeking condonation of delay,..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Transfer of Property Act, 1882, Section 123 -- Gift - deed executed by wife of a Hindu male dying intestate belonging to Mitakshara, in respect of separate property of her husband exclusively to her daughters is void as such property devolves by succession in favour of Class-I heirs of Hindu male u/s 8 of Hindu Succession Act...........
Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Limitation Act, 1963, Article 123 - - Limitation - Ex-parte decree - Setting aside - For the purpose of Art.123 Explanation of Act, substituted service U.O.5.R.20 CPC shall not be deemed to be a due service...........
