Transfer of Property Act, 1882, Section 105 -- Lease deed - Execution of lease deed by one co-owner whereas other co-owners witnessed the lease deed - Co-owners who have witnessed the lease deed do not become confirming parties - There is huge difference between executing a particular document and being a witness to the same document - Witness does not in any manner agree..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens would not apply if proceedings were collusive...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Principle of lis pendens does not annul transfer but renders it subservient to rights of parties to a litigation...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Issue of lis pendens has to be decided as per facts of each case and there can never be a strait jacket formula for the same...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Service -- Change of cadre - If a government employee holding a particular post is transferred on public interest, he carries with him his existing status including seniority to the transferred post - However, if an officer is transferred at his own request, such a transferred employee will have to be accommodated in the transferred post, subject to the claims and status..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transferee pendente lite has limited rights on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of DHs to execute the decree in their favour...........
Tenancy rights -- Transfer of tenancy rights by a tenant under a testamentary disposition cannot be held to be a valid transfer...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for mode of payment of compensation: (i) A direction can always be issued to transfer the amount into the bank accounts of claimants with intimation to Tribunal; (ii) For that purpose, Tribunals at the initial stage of pleadings or at the stage of leading evidence may require the claimants..........
Transfer of Property Act, 1882, Section 106 -- Lease - Determination - Lease of building includes land on which building stands or even if building is destroyed or demolished - Lease is not extinguished as long as land beneath it continues to exist - Even, doctrine of frustration also cannot be invoked on destruction or demolition of a building under lease...........
