Transfer of Property Act, 1882, Section 52 -- Lis pendens - Doctrine of - Obligation of transfree - Held, transferee should be careful before he purchases a property which is subject matter of litigation - Doctrine of lis pendens recognized by S.52 of Transfer of Property Act prohibits dealing with property which is subject matter of suit - Lis pendens itself is stated as..........
Punjab Panchayati Raj Act, 1994, Section 19(2) -- Removal of petitioner from the post of Sarpanch - Resolution passed on 23.09.2010 preceded by notice dt.20.09.2010 - Held, seven clear days notice not given to petitioner - Thus there was complete violation of statutory and mandatory provisions of the Act - This matter is not res integra but well settled - Removal not..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 53A -- Subsequent purchaser - Right of a subsequent purchaser for consideration having no notice of earlier contract is not affected in an action brought by the person who was put in possession of property under an earlier written contract...........
Punjab Municipal Corporation Act, 1976, Section 258, 269, 270 -- Plan sanctioned for residential house - Petitioner raised illegal construction on first and second floor and converted it into marriage palace - Held, offence cannot be compounded - Demolition order passed for removal of unauthorized construction after issuing show cause notice u/ss 269 and 270 of the Act..........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent by registered post at correct address - Once plaintiff led evidence and duly proved the service of legal notice, defendant is bound to lead rebuttal evidence to show that notice was not served although the same was posted to the correct address - Rebuttal evidence not led - Held, notice was duly served...........
Transfer of Property Act, 1882, Section 106 -- Notice - Tenancy stands terminated on filing of suit even assuming that notice was not served...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Matrimonial proceedings - Factors to be taken into account - Convenience and difficulties of parties - Held, in the matter of convenience and difficulties, women requires more consideration in comparison of men and especially in the circumstance where woman has an infant child in her lap whom she could not leave..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Receiving rent after issuing quit notice - Cannot be said to be a conduct satisfying 'assent' to the continuance of lease after its expiry...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque in question issued for discharging subsisting liability - Cheque presented for encashment returned for insufficiency of funds - Statutory notice issued well in time - Petitioner/accused neither gave any reply nor repaid amount - Held, petitioner is guilty of offence..........
Criminal Procedure Code, 1973, Section 102 -- Attachment of bank account by Police Officer - There is no requirement to issue notice to a person before or simultaneously with the action of attaching his bank account...........
