Muslim Law -- Validity of gift - Gift of immovable property is not complete unless donor parts with possession and donee enters into possession - In case property is in occupation of tenants, gift can be completed by delivery of title deed or by request to tenants to attorn to the donee or by mutation...........
Muslim Law -- Gift of property which is capable of division is irregular but can be perfected and rendered valid by subsequent partition or delivery - Exceptions to the rule are : where the gift is made by one co-heir to the other; where the gift is of share in a zemindari or taluka; where gift is of a share in freehold property in a large commercial town, and where gift..........
Muslim Law -- Validity of gift - Father made a gift of his 1/3rd undivided share in suit property to his minor son - Property is under tenancy - Gift is by registered deed - Requirement of possession is also met when right to collect rent stands transferred to donee under gift deed itself - More so, suit property is commercial property - Gift had no infirmity under Muslim..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Parties are free to agree on application of three different laws governing their entire contract - (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of conduct of arbitration - Part I of the Act is applicable only to all the arbitrations which take place within..........
Arbitration and Conciliation Act, 1996 - - Arbitration agreement - Agreement between parties that contract will be governed by prevailing law of India and in the case of arbitration, English Law would apply - It is clear that law applicable to arbitration agreement is English Law and once it is found that law governing arbitration agreement is English Law, Part I of the..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Once tenancy is created, a tenant can be evicted only after following due process of law, as prescribed under the provisions of Rent Control Act - A tenant cannot be..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Overriding effect - Expression `any other law for the time being in force' as appearing in S.35 of SARFAESI Act cannot mean to extend to each and every law enacted by Central and State legislatures - It can only extend to the laws operating in the same field..........
Dowry Prohibition Act, 1961, Section 6 -- Dowry demand - Giving of dowry and traditional presents at or about the time of marriage - Does not in any way raise a presumption that such property was thereby entrusted and put under the dominion of parents-i, law of bride or other close relations so as to attract ingredients of S.6 of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Suit for declaration that adoption deed in question is void, illegal and inoperative in law - Adoption deed is duly registered - A declaratory decree regarding validity of adoption was already taken by adoptee in his favour and adopting father had admitted factum of adoption - Concurrent findings of trial..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 25, 29 -- Contraband - Conviction - Set aside by High Court - Reasons given by trial Court along with entire evidence in that regard not taken into consideration while reversing the judgment - Judgment and order of High Court quashed - Case remitted to High Court for decision afresh in accordance with..........
