Criminal Procedure Code, 1973, Section 190(1)(b), Indian Penal Code, 1860, Section 420, 465, 467, 468, 471, 477A -- Cognizance of offence - Issuance of summons - Cheating - Illegal transfer of huge money - Case based on police report - Police filed second supplementary charge sheet and along with it, number of materials like statement of witnesses, Bank statement of..........
Transfer of Property Act, 1882, Section 53A -- Part performance - If there is a contract in writing between the parties for consideration and terms necessary to constitute transfer can be ascertained with reasonable certainty and the transferee has, in part performance of contract, taken possession of property or the transferee being already in possession, continues in..........
Specific Relief Act, 1963, Section 20, Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Readiness and willingness - Defendants/appellants have to prove that their predecessor-in-interest took step in furtherance of contract and he was ready and willing to perform his part of contract which is missing in the instant case - Further, there..........
Specific Relief Act, 1963, Section 13(1)(c), 20, Transfer of Property Act, 1882, Section 55(5)(b) -- Agreement to sell - Suit for specific performance - Encumbrance - Right of intended purchaser - Intended purchaser can compel vendor to get land/property unencumbered before execution of sale deed or purchaser is entitled to retain the amount for which property is..........
Administrative Tribunals Act, 1985, Section 25, 12 -- Transfer of cases from one Bench to another - Power of Chairman of staying of proceedings - Chairman of Tribunal while exercising his power u/s 25 of the Act, to transfer proceedings from one Bench to another, could not have stayed proceedings pending before a larger Bench...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Property of minor - Agreement to sell by mother - Suit filed by minor for symbolic possession by way of specific performance - Agreement to sell does not by itself create any interest in or charge on property - Same thus, not fall within meaning of word `otherwise', which requires previous permission of Court before..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
Delhi Co-operatives Society Act, 2003, Section 70, 74, 91 -- Transfer of property by allottee to a no, member of society - Validity - Allotment made by Society as freehold land to its members, who has further transferred/sold subject land/plot by registered sale deed to its successors/purchasers - Their right to become member of society are indeed saved u/s 91 of the Act -..........
Agreement to sell -- Agreement with tenant - Jural relationship of landlord and tenant - Such question has to be decided by keeping in view S.111 of Transfer of Property Act and intention of parties - None of the nine conditions of agreement intended to surrender tenancy rights - Tenancy remained unaffected notwithstanding execution of agreement to sell - Landlord is..........
Criminal Procedure Code, 1973, Section 407, Negotiable Instruments Act, 1881, Section 138 -- Transfer of case - Dishonour of cheque - Case falling under Negotiable Instruments Act can be transferred in exercise of power u/s 407 Cr.P.C - There cannot be any distinction made between cases falling under Negotiable Instruments Act and other cases...........
