Arbitration and Conciliation Act, 1996, Section 36 -- Torts - Arbitral award - Enforcement - Partial Final Award (PFA) - Appellant directed to execute the deed of transfer and assignment of patent in favour of award holder/respondent - Appellant did not commit any default in complying with the direction of said award - If respondent failed to act based on final transfer..........
Transfer of Property Act, 1882, Section 58, 54 -- Mortgage by conditional sale or a sale with condition of repurchase - Stipulation in deed that if amount is not paid within ten years, sale will be absolute - It shows some ingredients of sale and some of mortgage - Non payment of money within stipulated time - Deed would be considered as absolute sale - Plaintiff not..........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23, 4 -- Scope - To provide speedy redressal of grievance, Act vests powers in the Tribunal to make any transfer of property void...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Lease deed for nine years on monthly basis - Unregistered and insufficiently stamped lease deed - Though lease deed is invalid due to want of registration and stamp duty, however, it did not wipe out the relationship between parties - Estate of superior lessors was undivided and was further sub-leased to..........
Stamp Act, 1899, Section 47A, 75, Delhi Municipal Corporation Act, 1957, Section 147, Delhi Stamp (Prevention of Under-Valuation of Instruments) Rules, 2007, Rule 4(1)(c) -- Stamp duty - Deficiency - Two Valuations - One valuation for purpose of stamp duty under Stamp Act and other valuation for purpose of payment of transfer duty under MCD Act - Not permissible...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - From date of eviction order - Delay in filing application - Landlord would be entitled to reasonable compensation from date of eviction order where application is moved without inordinate delay - Otherwise, he would be entitled..........
Limitation Act, 1963, Article 60 -- Minor's property - Sale by guardian without legal necessity - Suit for possession by avoiding transfer by minor - A quondam minor plaintiff challenging transfer of an immovable property made by his guardian in contravention of S.8 of Hindu Minority and Guardianship Act and who seeks possession of property can file suit within limitation..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Where notice u/s 106 TPA, terminating tenancy has been issued defendants would have no grievance to defend ejectment and have to surrender possession as and when interference of the Court is sought...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - As per S.139 of the Act there is presumption in favour of holder of cheque - As per S.118 of the Act there is presumption relating to (a) Consideration; (b) Date; (c) Time of acceptance; (d) Time of transfer; (e) Order of endorsement; (f) As to stamps; (g) Holder is a holder in due course...........
