Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for mandatory injunction directing defendant to execute sale deed after receiving Rs.1,45,83,33/- - Held, since this obligation came through an earlier decree, plaintiff's contention that it was not a specific enforcement of an agreement of sale is fallacious - Right which Court was granting was not a right in property..........
Criminal Procedure Code, 1973, Section 407, 482 -- Transfer of sessions trial without hearing victim - Re-call of order - Victim is an aggrieved person not only in crime, but also in investigation, enquiry, trial, appeal, revision, review and also proceedings by which inherent powers of Court u/s.482 are invoked - Held, transfer of sessions trial without hearing victim is..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen - Failure on part of transferee to maintain transferor - Respondent No.5, owner of disputed property, handed over to petitioners possession of first floor with an implied latent promise that petitioners/transferee would at least vouch for welfare of..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no manner, affect rights of other..........
Transfer of Property Act, 1882, Section 122, 123, Evidence Act, 1872, Section 68 -- Gift deed - Proof of - When defendant accepts execution of registered gift deed in favour of plaintiff, it is not necessary for plaintiff to prove its execution by examining the attestor...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Ingredients - Donor need not deliver possession of property to donee on or after execution of gift deed - It is sufficient if donee accepts the gift and acts upon it during the lifetime of donor...........
Transfer of Property Act, 1882, Section 118 -- Oral exchange - Admissibility - Oral exchange of immovable property is not admissible in law...........
Transfer of Property Act, 1882, Section 106 -- Notice - Telegraphic notice - Not a valid notice as it does not satisfy requirement of S.106(4) of the Act...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Selling without permission of Court - Property sold for benefit of minors, their protection, education and marriage - Nothing on record to suggest that previous permission of Court was obtained by natural guardian before transfer - Held, sale deeds are voidable at instance of minor...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit in one Court - Suit property in all three suits common - Held, these must be heard and tried by one Court, though, separately, as parties are not common in all three suits - But in order to avoid conflicting judgments, all three judgments in these three suits must be passed on one date...........
