Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Conveyance - Explanation (As inserted by U.P.Act, 1981) - Deed of dissolution of partnership - No assigned or definite share of partners in movable and immovable assets during existence of partnership - Assignment done on basis of shares partners held in firm - Receipt of assets of firm on..........
Stamp Act, 1899, Section 2(10), Transfer of Property Act, 1882, Section 5 -- Explanation (As inserted by U.P.Act, 1981 - Conveyance - Deed of Dissolution of partnership - Consequential deed of release - Deed of release is only a sort of acknowledgement of title of partners to immovable properties conferred on them by deed of dissolution - It cannot be treated as conveyance..........
Mohammedan law -- Gift (Hiba) - When donor and donee, who are father and son are residing together in residential house owned by father, it is not expected that after gifting property by way of Hiba, father would leave the residence - Since donor has delivered constructive possession to donee, it is sufficient to satisfy requirement of delivery of possession in order to..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Attachment of property of JD - Objection by JD - Property of JDs attached for satisfaction of decree - Contention of JDs that executing Court could satisfy the decree from the security furnished to trial Court during trial is not tenable because said security is not sufficient for satisfaction of decree -..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transferee pendente lite has limited rights on the principle of lis pendens - Such limited rights cannot be stretched to obstruct and resist the full claim of DHs to execute the decree in their favour...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Difference between O.26.R.9 CPC and O.39.R.7 CPC - Civil court has power to appoint Commissioner both U.O.26.R.9, O.39.R.7 CPC - In terms of O.39.R.7 CPC, civil Court can appoint Commissioner for the purpose of inspection of any property which is the..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Contempt of Courts Act, 1971, Section 2(b) -- Disobedience of undertaking given to Court by Advocate not to sell the property - Undertaking given was made an order of Court - Alienation of property despite express orders of Court amounts to Contempt of Court - Contemnor was 63 years of age and today must approximately be of 68 years of age - Impugned order modified and..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
Evidence Act, 1872, Section 112 -- DNA test - In a declaratory suit where plaintiff is claiming ownership of property on the basis of inheritance, he cannot be subjected to a DNA test against his wishes...........
