Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as..........
Registration Act, 1908, Section 17 -- Right of pre-emption based on u, registered agreement - Pre-emption right being a partial restraint over right of owner restricting its transfer and alienation, though not creates any immediate right, title or interest over property when property is put in sale - Restraint on transfer and right of transfer are two sides of same coin..........
Transfer of Property Act, 1882, Section 40 -- Right of pre-emption - Action u/s 40 of the Act cannot be maintained against a transferee for consideration without notice of existing pre-emption right...........
Tender -- Dealership of Liquified Petroleum Gas (LPG) - Applicant should own a plot of land of adequate size at advertised location for contribution for godown for LPG storage as per terms of tender - Admittedly, as on last date of submission of applications in terms of advertisement, petitioner did not own land as required - Petitioner only had an agreement for sale in..........
Sale of Goods Act, 1930, Section 2(n) -- Liability to tax - Question is supply of the various preparations by each club to its members involved a transaction of sale within the meaning of the Act - As per S.2(n) of the Act, if there is no transfer of property from one to another there is no sale which would be eligible to tax - If the club even though a distinct legal..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
