Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of lease - On determination of lease by efflux of time, no further termination of tenancy by issuing a statutory notice to bring termination of a lease already terminated is necessary...........
Attestation -- It is Will, mortgage, gift and bond alone are required by law to be attested - Will u/s 68 of Succession Act, 1925, a mortgage deed u/s 59 and a gift deed u/s 123 of Transfer of Property Act, 1882 and a bond u/s 2(5) of Stamp Act, 1899 are required by law to be attested...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Cancellation - Defendant no.1 did not put plaintiff on notice before cancelling settlement deed in favour of plaintiff - Even, no reasons assigned by defendant no.1 for cancelling said settlement deed - Deed of cancellation is thus, not valid and it will not bind plaintiff in any manner...........
Agreement to sell -- Specific performance - Limitation - Notice of refusal - Execution of registered sale deed in favour of third party and delivery of possession - Amounts to constructive notice of refusal to perform - Therefore, there is no merit in the contention that plaintiff got notice of refusal only when an oral demand was raised. (Transfer of Property Act, 1882,..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 406, Supreme Court Rules, 2013, Order 39, Rule 1 -- Transfer of case filed u/s 12 of Act of 2005 - Transfer of proceedings at this stage may ultimately affect the parties and their pending litigations - Transfer petitions being bereft of merit, dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Presence of wife not required being a civil matter - Wife can instruct her counsel whenever her presence is not essential - Application dismissed...........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Dispute between parties settled - In terms of memorandum of settlement, decree of divorce by mutual consent, in exercise of jurisdiction under Article 142 Constitution of India, passed - All criminal proceedings between parties quashed and Transfer Petitions also disposed of...........
Limitation Act, 1963, Article 59, Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Limitation - Suit for cancellation of sale deed and for possession - When a composite suit is filed for cancellation of sale deed as well as recovery of possession, limitation period is required to be considered with respect to substantive relief of..........
