Transfer of Property Act, 1882, Section 53A -- Co-owner - Cannot claim benefit of S.53-A of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 5 -- Partition - Unregistered partition deed - Not admissible to evidence to prove the factum of partition to defeat the rights of the plaintiff...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 100 bags - Missing seals - Case property produced in Court - Some gunny bags had missing seals - Same did not bear chits regarding particulars of the case - Held, that case property can't be connected to the contraband alleged to be seized from the appellant - Accused acquitted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 37, 38, Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Prospective vendee is entitled to protect his possession in part performance of the agreement to sell...........
Transfer of Property Act, 1882, Section 58, Registration Act, 1908, Section 58, 60 -- Mortgage deed or deed executed by way of security - Endorsement of Sub Registrar as to passing of consideration not rebutted - Inspite of the sufficient gap of time in between the registration of document and filing of suit no steps taken either to get the document cancelled or to bring..........
Transfer of Property Act, 1882, Section 60 -- Clog on redemption - Mortgage of a house for a period of 58 years - Held, that mortgagor had a statutory right of redemption - Right of redemption is an incident of subsisting mortgage and it 'subsists so long as the mortgage subsists' - Restriction on the mortgage deed would amount to clog on the right of redemption and cannot..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent/bonafide purchaser - Denial of having no notice of previous agreement - Discharge of onus - Shifting of burden - Depends on facts and circumstances of each case - No hard and fast rules can be laid down - In some case, even mere denial by subsequent..........
Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchaser from vendor - Suit for specific performance - Subsequent purchaser merely denying having no notice of the previous agreement - Plaintiff and subsequent purchaser first cousin and resident of same village - Litigation between vendor and..........
Specific Relief Act, 1963, Section 19, Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Bonafide purchaser - Court empowered to grant specific performance against transferee of the property - Exception - Where the subsequent transferee has paid money in good faith without notice of original contract...........
Specific Relief Act, 1963, Section 19(b), Transfer of Property Act, 1882, Section 41 -- Agreement to sell - Vendor executed another sale deed - Suit for specific performance by first vendee - Second vendee closely related to vendor - Provision of Section 19(b) not attracted - Cannot be said that transferee had no notice of the earlier contract...........
