Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Sale of property, of which ownership derived, by partition and memorandum of partition - Partition and memorandum of partition not denied - Claim of right of pre-emption or repurchase - Sale of property of which ownership derived by partition and memorandum of partition are legal rights..........
Transfer of Property Act, 1882, Section 107 -- U, registered lease deed - Signature of lessor does not appear in lease deed - Lease deed in question is even unregistered - Same cannot be construed as a valid lease deed - Plaintiff thus, not acquired any title by virtue of lease deed in question - Findings of Court below regarding possession is inconsequential...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property by senior citizen - Condition as regards transferee to provide basic amenities and basic physical needs to transferor need not be required to be made in express terms in the document by virtue of which transfer had been effected - Same would be read into document by way of..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Mother transferred her property in favour of two daughters/petitioners - Specific averments on record that petitioners subsequent to transfer deed, neglected their mother - Mother has no source of income and she is more than 90 years of age - Transfer of land in..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), 20 -- Illegal gratification - Accused being village administrative officers demanded Rs.600 to facilitate transfer of electric connection in the name of complainant - PW1 proved the sanction for prosecution - Inspector Crime Branch proved trap proceedings and recovery - False defence is taken by accused which..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties amicably settled their dispute during pendency of application to transfer the matrimonial petition from Jammu to Delhi - All proceedings between parties are disposed of in terms of settlement agreement - They jointly moved an application for divorce - Decree of divorce granted by invoking powers..........
Transfer of Property Act, 1882, Section 105 -- Lease/sub-lease - Payment of rent is essential element of lease or sub-lease - It may be paid in lump sum in advance covering the period for which premises is let out or sub-let or it may have been paid or promised to be paid periodically...........
Transfer of Property Act, 1882, Section 44(Second - - Dwelling house - Existence of a dwelling house belonging to undivided family of plaintiffs is sine qua non to attract S.44 Second Paragraph of the Act...........
Transfer of Property Act, 1882, Section 44(Second - - Dwelling house - Plaint does not disclose existence of a dwelling house belonging to undivided family of plaintiffs - Inspection report of Advocate Commissioner shows that plaintiffs have their separate houses in and around suit property - Plaintiffs held, not entitled to take benefit of S.44 Second Paragraph of the..........
Transfer of Property Act, 1882, Section 52, 53 -- Fraudulent transfer - Mere filing of successive injunction suits by tenant against erstwhile owner which suits admittedly stand dismissed as withdrawn does not attract provisions of S.52 for same reasons sale of property in favour of trust cannot by any stretch of imagination be treated as a fraudulent transfer u/s.53 of..........
