Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the tenancy stood terminated by issuance of notice as landlord inclined himself to terminate it, question of default should not have be gone into...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Contention that doctrine of lis pendens does not apply because the petition for review was lying in the registry in a defective state cannot be accepted - Contention rejected, as Doctrine of lis pendens kicks in at the stage of `institution' and not at the stage when notice is issued by Court - Thus,..........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Non-utilization of suit property and keeping the same as vacant may be a disobedience of the object of gift but that by itself would not attract the power to revoke the gift deed, particularly when there is no stipulation in the gift deed that if the suit property is not so utilized, gift would stand..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Gift can be revoked in the following three contingencies i.e: (i) the donor and donee may agree for the suspension or revocation of gift deed on the happening of any specified event which does not depend on the will of donor; (ii) a gift which is revocable wholly or in part with the agreement of..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Once it is proved or an inference can be drawn that it is a fraudulent transfer u/s 53 of the Act, then burden is heavy on the objector to prove that he is a bona fide purchaser for valid consideration in good faith...........
Transfer of Property Act, 1882, Section 54 -- Sale - A sale cannot be said to be a contract...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Sale in favour of minor - Minor can be a transferee though not a transferor of immovable property...........
Agreement to sell -- Specific performance - Transfer pendente lite - Once sale agreement in favour of plaintiff is proved, subsequent sale during pendency of suit is hit by doctrine of lis pendens - Suit for specific performance rightly decreed by High Court...........
