Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105 -- Lease - Definition of lease contained in S.2(16)(c) of Stamp Act is very wide and even if the transaction does not amount to a lease u/s 105 of TPA, the same may nonetheless be a lease for the purpose of the Act...........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - A case can be transferred when both transferor Court as well as transferee Court have jurisdiction and the party seeking transfer of the case alleges that the transferee court would be more convenient because the witnesses are available there or for some other reason it will be convenient for the parties to have..........
Criminal Procedure Code, 1973, Section 406, 302 -- Transfer of murder case - Witnesses not coming forward to depose due to threats of accused - One eye witness examined who turned hostile and there was ineffective cross examination by Public Prosecutor - Magistrate acted like a mere tape recorder to record whatever was stated by the witness - In view of these facts case..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - For a transaction to constitute mortgage by conditional sale it is necessary that the condition is embodied in the document that purports to effect the sale - That requirement is stipulated by the proviso which admits of no exceptions...........
Transfer of Property Act, 1882, Section 58(e) -- English mortgage - For a transaction to constitute an English mortgage essential conditions to be satisfied are : (1) The Mortgagor must bind himself to re-pay the mortgage money on a certain date; (2) The property mortgaged should be transferred absolutely to the Mortgagee; (3) Such absolute transfer should be made subject..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Transfer is not void or illegal - Pendente lite purchaser is bound by the decision - Transferor's title if (a) upheld; (b) partly upheld; (c) not upheld - In case title of transferor's title is upheld than transferee is not affected and in case it is partly upheld then title of transferee is saved only to that..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the property - Central Government..........
Transfer of property Act, 1882, Section 106, 107 -- Notice to quit - Month to month tenancy - Notice not invalid on ground that it did not end with month of tenancy...........
Transfer of property Act, 1882, Section 106, 107, West Bengal Premises Tenancy Act, Section 13 -- Notice to quit - Monthly tenancy created by way of agreement on 11th of English Calendar Month - Notice terminating tenancy served on tenant on 15.01.2000 demanding delivery of possession by 29th of February, 2000 - Held, notice would not be invalid on the ground that it did..........
Transfer of Property Act, 1882, Section 56, 81 -- Marshalling - Sale of property mortgaged to Bank - Plaintiff can insist upon the mortgagors to have the mortgage debt satisfied out of the properties not sold to plaintiff and in any case if the sale proceeds are not sufficient then to proceed against the suit properties...........
