Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Agreement to sell -- Registered agreement with possession - Entire stamp duty leviable on sale consideration paid at the time of registration of agreement - Stamp duty was, thus, not leviable on the sale deed executed pursuant to the agreement to sell with possession as no stamp duty can be twice levied on the sale consideration with respect to one transfer...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Fraud or coercion - It is not permissible for the Tribunal, while exercising powers under S.23(1) of the Act, to pronounce upon generally that the transfer of the property by way of gift or otherwise was fraudulent or that the transferor was guilty of fraud or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of proceedings - Cheques which were dishonoured are issued on Bank at Pune - Agreement executed between parties at Pune and accused residing at Pune - Cause of action has arisen at Pune - Only in order to harass accused complaints have been filed at Calcutta by manipulating the jurisdiction -..........
Transfer deed -- Conveyer having no title over the property - Specific declaration that document is invalid is not necessary...........
Transfer deed -- Conveyer having no right, title or interest over the property - Grantee on her successors-in-interest will not have legal right to enforce the right the latter may have derived from such an instrument...........
Perpetual lease in favour of Company -- Amalgamation of lessee company with another Company - Transfer of lease property - Specific clause in the order of amalgamation which holds that plots in question stand transferred from original permanent lessee to transferee/appellant - Transfer is made based on petition filed by lessee and transferee for seeking amalgamation - It..........
