Transfer of Property Act, 1882, Section 52 -- Allotment cancelled and plot resumed by Competent Authority and appeal also dismissed - Plot thereafter allotted to another person - On the date of subsequent allotment of plot no litigation pending and no case being considered by any Court - Doctrine of lis pendens - Not applicable...........
Transfer of Property Act, 1882, Section 106, 113 -- Notice - Waiver - Notice terminating tenancy issued - Rent received even after institution of suit - Waiver of notice - Such receipt of money being only a circumstance not conclusive of waiver - Sole criterion for waiver being intention of landlord to continue and treat the lease subsisting - Landlord having no..........
Transfer of Property Act, 1882, Section 106 -- Notice - Sent in February indicating that tenancy was terminated after the expiry of one month - Month of February contains less than 30 days - Facts show that by subsequent notice 30 days time was clarified - Thus, notice cannot be said to be invalid...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Other side has no objection - Does not entitle a party to get case transferred...........
Civil Procedure Code, 1908, Section 115, 151 -- Application for transfer filed u/s 151 dismissed as there is no provision u/s 151 for transfer of case - Revision against - Not maintainable in view of specific interdict embodied in proviso to S.115(1)...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission of claim - Court is not bound to pass a decree on the basis of mere admission of claim by the defendant - It is only an enabling provision - Court has a duty to see whether the plaintiff is entitled under law to get the relief sought for - Court should also see whether the suit is collusive to defeat the provisions..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11 -- Decree on the basis of admission or consent - Court ought not to pass a decree mechanically based on admission or consent of parties - Simply because defendant admitted claim of plaintiff - Court not bound to pass a decree - - Duty of Court to examine claim of plaintiff, whether..........
Transfer of Property Act, 1882, Section 123 -- Oral gift of property worth more than Rs. 100/- in State of Punjab - Not permissible - Oral gift not saved from requirement of validity under Transfer of Property Act - Section 123 is applicable...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Transposing of J.D. as D.H. - Transfer of 1/5th undivided share of one of the decree-holders to judgment debtor - J.D. cannot be transposed as D.H. - Provision of O.21.R.16 CPC envisages transfer of the interests of a decree holder in the decree to a third party assignee and not to the J.D. - J.D. cannot be transposed as..........
Criminal Procedure Code, 1973, Section 177, 178 -- Jurisdiction - Contention that alleged offence as stated in the complaint took place somewhere between Rohtak and Delhi and therefore Court at Ambala has no jurisdiction to try the offence - Gold was transported, as per complaint, from Pakistan to place near Bahadurgarh in Haryana and goods passed through Amritsar, Rohtak..........
