Transfer of Property Act, 1882, Section 53A -- Part performance - Right u/s 53-A of the Act, is a statutory right, which can be used to defend possession of transferee but does not create a title in him - When transferee admits that he is no longer in possession of property and that such possession is with plaintiffs, then it would be difficult to concede that he would..........
Transfer of Property Act, 1882, Section 10, 11 -- Sale deed - Restriction - Condition imposed in sale deed to the effect that mother will have life interest over suit property with remainder to her minor son after her life time - Recital contained in sale deed would indicate that there is no absolute restriction or prohibition imposed in sale deed - Sale deed not void as..........
Transfer of Property Act, 1882, Section 45 -- Joint owners - Property purchased jointly by mother and her minor son and entire sale consideration was paid by mother - However, recital contained in sale deed shows that mother retain the suit property till her life and after her demise property absolutely vested in minor son - This itself is a contract contrary to S.45 of..........
Transfer of Property Act, 1882, Section 54, 127, Indian Contract Act, 1872, Section 10, 11 -- Sale deed in favour of minor without his consent - Validity - Any transaction in favour of minor conferring certain benefits under a document does not require any consent from minor and such contract is valid and enforceable as per provisions of Contract Act...........
Civil Procedure Code, 1908, Section 39(1)(a), (4) -- Execution - Transfer of decree - JD and petitioner/garnishee both residing and having its office at Cochin i.e outside the jurisdiction of Court which passed the decree - Amount that is ordered to be sent for execution petition is also lying in the credit of petitioner at Cochin - Decree held, transferred to Court of..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale - An ostensible sale with transfer of possession and ownership but containing a clause for re-conveyance in accordance with S.58(c) of the Act, would clothe the agreement as a mortgage by conditional sale...........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Agreement though styled as a sale deed for a consideration of Rs.700 but an ostensible sale containing a clause for re-conveyance - Language used in agreement conveys that plaintiff did not intend to relinquish right, title and claims to his lands -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Order 1, Rule 10 -- Maintenance - Impleadment - Necessary party - Maintenance was fixed and created charge on land - Wife has challenged transfer deed executed by husband in favour of grand son of brother only to limited extent that she has a preferential right of maintenance - Exercise of..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, Indian Penal Code, 1860, Section 302, 324 -- Transfer of investigation to CBI - Double murder case - Police could not solve case, for more than 2 years and 5 months, despite their best efforts - It seems that police has not made serious efforts to trace out the assailants/murderers -..........
