Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Defendant entered into an agreement to sell with plaintiff regarding part of tenanted property during pendency of suit - Relationship of landlord/tenant cannot came to an end on execution of agreement to sell especially in view of fact that possession was to be delivered on date of execution and..........
Transfer of Property Act, 1882, Section 107, Registration Act, 1908, Section 17 -- Lease of immovable property - For any term exceeding one year - Requires compulsory registration...........
Transfer of Property Act, 1882, Section 59, 100 -- Mortgage - Creation of charge - Held, mere undertaking that party will not dispose of properties mentioned in an undertaking, during currency of loan, will not create any charge over those properties, unless charge is created by deposit of title deeds or through a registered document...........
Transfer of Property Act, 1882, Section 59 -- Mortgage - When there is a mortgage other than a mortgage by deposit of title deeds, it can be effected only by a registered instrument...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Allegation that shares could not be transferred in the name of respondent - No allegation that petitioner was incharge of company - Even otherwise transfer deeds were time barred and shares could not be transferred - No mens rea on the part of petitioner - Charges were framed mechanically..........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of Act - Where entire sale consideration was paid and possession of property delivered under an agreement of sale, transferee can enforce his defence u/s 53-A of Act against his transferors or any other person claiming under them...........
Estoppel -- Trust which had accepted ownership of property with Govt. and which was pleading for a transfer in its favour for consideration would be estopped from setting up a plea against Govt. and denying vesting of property with custodian...........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Held, if mortgage had been in favour of 5 persons and amount had been paid in full, co-mortgagee could have only sought for contribution from co-mortgagees, and could not have defeated claim of mortgage itself - Payment under mortgage fully paid - Mortgage was liable to be redeemed without any further..........
Transfer of Property Act, 1882, Section 60 -- Redemption of mortgage - Held, so long as right was not foreclosed by mortgagee, once a mortgage would always be a mortgage and suit for redemption could not have been dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Grant of - Validity - Plaintiffs filed suit on basis of intestate succession from their father in whose favour there is a registered document of transfer by grand mother - Defendant's contention that his mother was only defendant's benamidar and he alone paid consideration for purchase - Held, issue..........
