Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Transfer of Property Act, 1882, Section 58(c) -- Sale or Mortgage with a condition to re-purchase - For the purpose of bringing a transaction within the meaning of `mortgage by conditional sale', the first condition is that the mortgagor ostensibly sells the mortgaged property on the condition that on such payment being made, the buyer shall transfer the property to the..........
Transfer of Property Act, 1882, Section 58(c) -- Sale or Mortgage with a condition to re-purchase - Stipulation in sale deed that on receiving sale amount within five years the land was to be returned to the vendor - Possession was delivered to vendee - Vendee enjoyed possession as an absolute owner for 11 years - It was only after 11 years that plaintiff filed the suit..........
Transfer of Property Act, 1882, Section 11 -- Conditional sale - Held, a restriction of user of property shall always be strictly construed...........
Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Applicability of S.11 - Sale which is made is not a Govt. grant to which provisions of Government Grant Act apply - Sale effected was not attached with any condition as wrongly included by two Courts below - Held, S.11 of the Act of 1882 would not come into play - Cancellation of sale..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Held, principle of lis pendens does not invalidate any transaction - It makes it subject to result of litigation which is already in place - This can be applied only for transaction between parties...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift to wife, children and future born children - Gift to unborn child is not void as it has to be construed as a transfer to wife in trust for herself and children to be born to her and the donor subsequently - Such a gift can also be construed as a gift to the thavazhi of the wife if elements of thavazhi exist...........
Transfer of Property Act, 1882, Section 13 -- Gift to unborn person - S.13 contemplates creation of a trust for the transfer for benefit of unborn person...........
Transfer of Property Act, 1882, Section 122, 127 -- Gift to a minor - Minor himself/herself can also accept the gift especially a non onerous gift - Even if the minor was not accepting the gift his/her parents can accept the gift on behalf of the minor...........
Transfer of Property Act, 1882, Section 122, 123 - - Gift to minor - Acceptance - Gift in favour of child of donor - Acceptance of gift can be presumed to have been made by him or on his behalf without any overt act signifying acceptance by the minor - Knowledge of gift deed to both the parents as natural guardian of the donee is sufficient to indicate acceptance of gift..........
