Transfer of Property Act, 1882, Section 54 -- Sale deed - Property purchased jointly by three persons - Shares not prescribed - It is deemed that all the three purchasers are equal owners to the property purchased...........
Easement Act, 1882, Section 60 -- Licence may be revoked by grantor unless (i) it is coupled with a transfer of property and such transfer is in force and; (ii) licensee acting upon the licence has executed a work of a permanent character and incurred expenses in execution...........
Power of Attorney Act, 1882 -- Ownership on the basis of power of attorney - Power of attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property...........
Agreement to sell -- Does not confer any title nor transfer any interest in an immovable property in the absence of a registered deed of conveyance...........
Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Unregistered - Agreement to sell executed after amendment of S.53-A Transfer of Property Act - After amendment, an agreement to sell can be relied upon for purpose of protection u/s 53-A of Transfer of Property Act, as per doctrine of part performance only if that agreement to sell is registered - No..........
Constitution of India, 1950, Article 21, 32, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Any order that Court may make on request for transfer of prisoner is bound to affect prisoner prejudicially, and therefore, it is obligatory for court to apply its mind fairly and objectively to circumstances in which transfer is being..........
Constitution of India, 1950, Article 21 -- Fair Trial - Right to life - Inter state transfer of under trial prisoner - Interest of victim is relevant and has to taken into consideration - Contention if accused is not inter state shifted pending trials will result in complete farce, for no witness would be in position to depose against accused and they in total haplessness..........
Constitution of India, 1950, Article 21, 32 -- Fair Trial - Inter state transfer of under trial prisoner - Accused who has been able to by his sheer presence erode the idea of safety of witness in court or for that matter impairs and rusts faith of victim in ultimate justice and such erosion is due to fear psychosis prevalent in atmosphere of trial is not be countenanced..........
Constitution of India, 1950, Article 226, Transfer of Prisoners Act, 1950, Section 3 -- Transfer of case from one jail to another within state - Submissions of petitioner repelled that when no power is conferred under 1950 Act, Court cannot exercise power or when power is curtailed Court cannot issue directions - Non-conferment of power under 1950 Act would not prohibit..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Equity cannot override law - S.3 of 1950 Act bestows power on State Government to transfer an accused to another State after consulting other State - Such an action by State has to be totally controlled by circumstances - When State passes..........
