Debt Recovery Appellate Tribunal (Procedure) Rules, 1994, Rule 22 -- Auction sale - Setting aside - Mortgage property - Sale was confirmed and sale certificate was issued in favour of auction purchaser - Merely because property in question was sole item of property owned by borrower/respondent no.2, is no ground to set aside sale deed, particularly, when auction purchaser..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal - Leased property a public property and leased out at a very meagre rent - Property utilised for a purpose other than that for which it was leased out - Held, property cannot be utilised for a purpose other than the purpose for which it was leased out - Appellant..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease by Municipality - Renewal - Municipality has no authority to grant lease for a period exceeding 10 years without prior permission of State Government - Since State Government had only granted permission to lease the land till the year 2012, therefore, appellant has no..........
Transfer of Property Act, 1882, Section 105, Gujarat Municipalities Act, 1963, Section 65(2) -- Lease - Renewal of - Original lease was granted for running an oil mill - Admittedly, as on date, there is no oil mill situated on the land - Lease property is public property leased out at a very meager rent - It cannot be utilized for a purpose other than purpose for which it..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Sale consideration of Rs.19,900/- out of Rs.20,000/- paid 11 years earlier - In the absence of any account or document the same cannot be accepted - Signatures on sale deed were got in the garb of getting grants disbursed to patients suffering from disease of leprosy - Order of cancellation of sale..........
Transfer of Property Act, 1882, Section 53A, Specific Relief Act, 1963, Section 16 -- Suit for specific performance - Expiry of period of limitation - No bar for a person in possession of an immovable property in part performance of a contract for transfer for consideration to assert the shield of S.53A of Transfer Property Act...........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Protection of a prospective purchaser/transferee of his possession is available subject to the following prerequisites, (i) There is a contract in writing by the transferor for transfer for consideration of any immovable property signed by him or on his..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........
Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........
