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..........
Indian Penal Code, 1860, Section 420, 417 -- Difference between the two provisions of Ss.420 & 417 IPC - Where in pursuance of deception, no property passes, offence is one of cheating punishable u/s 417, IPC, but where, in pursuance of the deception, property is delivered, offence is punishable u/s 420, IPC...........
Indian Penal Code, 1860, Section 420, 417 -- Cheating - When the ingredients to attract the offence punishable u/s 417 IPC are not satisfied there cannot be any question of such allegations/accusations attracting S.420 IPC, for the simple reason that to bring a case within the ambit of S.420 IPC, not only cheating is simpliciter but also by dishonest inducement of that..........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Indian Penal Code, 1860, Section 452 -- Offence u/s 452 IPC - Incident had taken place in a restaurant run by the injured which cannot be said to be either a place used for human dwelling or for worship or for the custody of property - Hence, very ingredients of offence u/s 452 IPC not made out by prosecution - Conviction and sentence u/s 452 IPC set aside...........
Interference with possession by police -- Under no circumstances police can interfere with possession of immovable property, as such action does not bear sanction by any provision of law...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
Adverse possession -- Limitation - Once the plaintiff proves his title over suit property, it is for the defendant resisting the same claiming adverse possession that he perfected title through adverse possession - In that regard starting point of limitation u/art 65 of Limitation Act would not commence from the date when right of ownership arises to plaintiff but would..........