Transfer of Property Act, 1882, Section 58(d), 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption - Although by reason of preliminary decree Court may fix time for payment of the amount declared due but default in depositing such payment does not debar him from a right to redeem the mortgaged property...........
Transfer of Property Act, 1882, Section 39, Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance - Charge over property - Husband entered into agreement for sale of house when dispute between him and wife started - Purchaser paid advance under agreement without enquiring about his wife and children - Purchaser made a party to suit filed by wife - Wife in..........
Criminal trial -- T.I. parade - P.W.1 failed to identify in T.I. parade held 4-1/2 months after the occurrence - Evidence identifying in Court about one year after the date of occurrence - Not to be accepted...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Lease deed not admissible in evidence for want of stamp duty and registration - No other express contract stipulating conditions for termination of tenancy - Building taken on rent to run a school - Lease deemed to be lease from month to month - Quit notice issued on 20.6.1983 received by tenant on 22.6.1983..........
Transfer of Property Act, 1882, Section 54 -- Sale - By illiterate lady - Consideration - Third party raising objection as to non passing of consideration whereas executant of sale deed never denied receipt of sale consideration - Objection not entertained and sale deed held to be not without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed of entire property of vendor - Four anna share of vendor never questioned by anybody - Held, purchaser entitled to four anna share of vendor...........
Consumer Protection Act, 1986, Section 11,17 -- Territorial jurisdiction - Offices of the OPs No.1 and 2 located in Manimajra, Chandigarh - Complainants applied for admission in the Institute in response to the advertisement published in the newspaper at Chandigarh - Called for interview at their corporate office at Manimajra - Fee deposited at Manimajra - Substantial part..........
Transfer of Property Act, 1882, Section 126 -- Gift - Of immovable property by donor in lieu of services and maintenance to be provided to her by donee - Possession of land delivered to donee - Gift was complete - No condition of revocation of gift in case donee stopped providing services - Gift cannot be termed as conditional and revocable one...........
Transfer of Property Act, 1882, Section 126 -- Gift - Donor stating gift to be revocable one - Not entering into witness box to support her case - Appearance of special attorney cannot be treated as appearance in the capacity of plaintiff - Such appearance is only as a witness in his personal capacity - Adverse inference can be drawn against donor - Donor not entitled to..........
Transfer of Property Act, 1882, Section 126 -- Gift - Of immovable property by donor in lieu of services and maintenance to be provided to her by donee - Three months thereafter agreement executed that in case donee failed to maintain her then gift would be revoked - Deed of gift and agreement do not form part of same transaction and cannot be read together and given..........
