Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - If the lawful possession of the secured asset is not with the borrower, but with a lessee under valid lease, the secured creditor cannot take possession of secured..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111 -- Secured asset - Lawful possession - Where Chief Metropolitan Magistrate/District Magistrate is satisfied that a valid lease is created before the mortgage and the lease has not been determined in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(13), Transfer of Property Act, 1882, Section 65A -- Inconsistency between S.13(13) of SARFAESI Act and S.65A of Transfer of Property Act - While S.13(13) of SARFAESI Act prohibits a borrower from leasing out any of the secured assets after receipt of a notice..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 111, 107 -- Tenant in secured asset - Protection - Objectives of SARFAESI Act coupled with Transfer of Property Act and Rent Act are reconciled in following manner:- a) If a valid tenancy under law is in..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 14, 17, Transfer of Property Act, 1882, Section 65A, 111 -- Tenant in secured asset - Protection - Tenant in sufferance - As per tenant he was inducted in secured asset on oral agreement and said tenancy impliedly does not carry any covenant for renewal -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife takes predominance in matrimonial causes - Request of wife to transfer the matrimonial case from place `V' to `G' is thus, accepted, as it is inconvenient for wife to attend Court for 85 Kms, as she is depending on her parents - Application allowed...........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Suit for recovery of possession - Arrears of rent - Payment or non-payment of arrears of rent in advance would be of no consequence for deciding entitlement of respondent to seek recovery of possession of suit property on basis of determination of tenancy of appellant in view of notice issued by..........
Transfer of Property Act, 1882, Section 106 -- Determination of tenancy - Notice - Plea of advance payment of rent - Non-sending of reply to notice is also a circumstance to negate plea of appellant that he had paid advance rent...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105 -- Licence or lease - Nature of document - Exclusive possession was not handed over to defendant under document in question - Only a permission to occupy premises for conduct of business was granted - Parties are bound by agreement executed between parties - Construction of agreement would show..........
Transfer of Property Act, 1882, Section 53A -- Part performance - U, registered agreement to sell - Plea of part performance u/s 53-A of the Act is not attracted for want of registration of agreement to sell...........
