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..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner found possession of plaintiff proved but he has not indicated the khasra number at which such possession is situated - Defendant yet to file his written statement - If defendant files written statement with assertion that possession which plaintiff is claiming is not on the land..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens as provided u/s 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of parties to the pending litigation and subject to any direction that Court may pass thereunder...........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Evidence Act, 1872, Section 92 -- Oral evidence - Sale deed - Misdescription of property or khasra number wrongly mentioned - Same comes under the purview of S.92 Proviso (1) of the Act - However, the mistake sought to be proved by oral evidence under this proviso, must be one which could sustain a claim for rectification or cancellation of instrument...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 9 -- Adoption - Illegitimate child - Mother alone is guardian of his person and property - Mother cannot possibly obtain consent from natural father of child to give child for adoption - Mother of child thus, cannot be called upon to obtain consent of father to give child for adoption...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
