Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Transfer of Property Act, 1882, Section 107 -- Lease - U, registered deed of lease cannot be treated as lease as per requirement of S.107 of the Act...........
Transfer of Property Act, 1882, Section 114 -- Eviction - Default in payment of rent - No statement with specific stipulation that tenant is ready to pay arrears of rent - There was thus, no endeavour to derive benefit of S.114 of the Act - Oral submission of counsel cannot meet requirement of S.114 of the Act - Tenant liable to be evicted...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Registration of gift deed after death of donor by his LR has same effect as its registration by donor himself during his lifetime, as it is not necessary for validity of a deed of gift that it should be registered by donor himself...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Merely because parties are nearly related to each other or donor was old and infirm, no presumption of undue influence or fraud can arise...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Execution of gift deed in favour of grandsons by donor - DW2/deed writer of gift deed proved both execution and attestation of deed of gift - He stated that donor was physically fit, she was sitting on varanda and instructed DW2 to write down said gift deed - Evidence of DW2 was all long consistent on..........
Transfer of Property Act, 1882, Section 58(c) -- "Mortgage" or transaction of "sale with option of re-purchase" - Recital of document executed - Defendant has taken loan from plaintiff and sold property to plaintiff and given possession for two years as mortgage with stipulation that if defendant return money with in two years then plaintiff would reconvey property but if..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 120B -- Bail - Dowry death - Complainant party received huge amounts and secured a transfer document of half share in kothi before registration of FIR - Trial of case will take long time - No useful purpose will be served by keeping petitioner in custody any further - Bail granted...........
Constitution of India,1950 -- Entry 91, List I of Seventh Schedule, Rajasthan Stamps Act, 1998, Ss.3, 90, Companies Act, 1956, S. 394 - Applicability of S.90 of Rajasthan Stamp Act - S.90 of Rajasthan stamp Act is applicable in respect of documents specified in Entry 91 of List I of 7th Schedule of Constitution which provides for rates of stamp duty with respect to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of rent petition - Shop in dispute purchased by counsel of petitioner in name of his wife from landlord during pendency of suit for eviction - Keeping in view narration of facts in transfer application, the apprehension expressed by petitioners cannot be termed to be baseless or without any justifiable reason - It will be..........
