Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii) -- Contraband - Bail - Recovery of 247 kg. Ganja - Accused already spent more than three and a half years in custody - Conditional liberty in a case of prolonged incarceration, must override the statutory embargo created u/s 37(1)(b)(ii) of the Act - Bail granted...........
Transfer of Property Act, 1882, Section 54 -- Sale with a condition to repurchase - Transfer or assignment of such right - No term in conditional sale deed which debars its assignment to any other person - Clause in the document mentions only right of repurchase - Vendor assigned his right to repurchase in favour of his daughter-in-law by gift deed - Such right can always..........
Service -- Denial of regularization - Management allowed the workmen to put in regular service to its own benefit for over two decades - Therefore, management can no longer now claim an indefeasible right to continue with and canvass its challenge to award, merely because it made its compliance with award conditional long ago - Award of regularization of service restored...........
Civil Procedure Code, 1908, Order 43, Rule 1(c), (d) -- Appeal - When there is conditional order allowing an application either U.O.9.R.9 or U.O.9.R.13 CPC with a default clause of rejection of application, it would squarely come under either of O.43.R.1(c) or O.43.R.1(d) CPC - Order is thus, appealable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Civil Procedure Code, 1908, Order 13A, Rule 7 -- Conditional order U.O.13-A.R.7 CPC - Sine qua non for making a conditional order U.O.13-A.R.7 CPC is arrival of a conclusion by commercial Court that there is a possibility of claim succeeding...........
Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Consumer Protection Act, 1986, Section 23 -- Apartment buyer's agreement - Delay of handing over possession - Builder offered physical possession of flat only on remitting of payments as per statements of accounts - Since the offer for possession was conditional on settling of accounts as accounts reflected illegal demand, there was no valid offer for possession - Order..........
Mohammedan Law -- Will - Conditions to be fulfilled for a valid Will executed by a Mahomedan - (a) A bequest may be executed by any Muslim to another including institution and a class of people; (b) The persons entitled to make or take a Will must have capacity to make or take a Will; (c) A bequest must be made of some subject; (d) Formalities of making a Will must be..........
