Civil Procedure Code, 1908, Section 25 -- Matrimonial proceedings - Wife seeking transfer of case from Barmer (Rajasthan) to Chandigarh - Wife having 4 year daughter - Wife also in financial difficulties as no maintenance is paid to her - Husband has no objection if the case is transferred to a Court at Ambala as he is now stationed at Purulia - Transfer petition allowed..........
Transfer of Property Act, 1882, Section 52 -- Lis pendis - Property purchased under registered sale deed for consideration and without notice of litigation - Principles of lis pendis not applicable...........
Consumer Protection Act, 1986, Section 11 -- Jurisdiction - Share transfer - The cause of action for failure to deliver the share certificates would arise where the registered office of the Company is situated - The registered office of the Appellant-Company being situated at Mumbai, the Calcutta Forum had no jurisdiction to determine the present dispute - The judgment of..........
Rice Milling Industry (Regulation) Act, 1958, Section 6, 8, 13 -- Rules made under the Act, R.4(4) - Licence to run Rice and Flour Mill - Licensee entering into partnership for running the business - Held, nothing in the Act or Rules made thereunder bars the licensee to enter into partnership with another for running the business - It is transfer of license which is..........
Transfer of Property Act, 1882, Section 108(B)(e), 106, 114, 111 -- Tenant - Eviction - Tenanted premises destroyed completely due to accidental fire - Tenant constructed new building on same site without consent of landlord - Suit for eviction and mandatory injunction for demolition of new shop - When tenanted premises completely destroys by natural calamities tenancy..........
Transfer of Property Act, 1882, Section 108(B)(e), 106, 114, 111 -- Lessee - Rights and liabilities - If building is governed by State Rent Act then tenant cannot claim benefit of provisions of Ss.106, 108 and 114 - When tenanted premises completely destroys by natural calamities tenancy rights stand extinguished...........
Transfer of Property Act, 1882, Section 54 -- Sale - Title of vendor passes to vendee only on registration of sale deed irrespective of the fact that the sale deed was actually executed on an anterior day. (Registration Act, 1908, S.47)...........
Transfer of Property Act, 1882, Section 17, 49, 53A -- Heading as well as last clause describing the document as sale agreement - Further it says that the vendor shall execute another document at the Office of the Sub-Registrar as and when required - - Held, the clause that vendor sold the property to be enjoyed by the plaintiff and his heirs does not conclusively..........
Transfer of Property Act, 1882, Section 60, 53A -- Mortgage - Redemption - Effect of S.53-A on right of redemption - Mortgagor agreeing to sell mortgaged property to mortgagee/putative vendee in possession - Mortgagee's status subsumes in his rights as putative vendee u/s 53-A - If pre-conditions for application of S.53-A are satisfied equity of redemption in mortgagor is..........
Transfer of Property Act, 1882, Section 53A, 60 -- Part performance - Mortgagee/putative vendee in possession - As per terms of agreement for sale earnest money paid - Mortgagee/putative vendee made improvements to property - On death of vendor legal heirs executed sale deed and received balance consideration - Sale deed not registered - No evidence to support lack of..........
