Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Mere fact that sale and agreement to repurchase are embodied in same document, having regard to intention of parties and surrounding circumstances making the transaction a conditional sale with option to re-purchase, document does not fall within proviso..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Recitals of document shows that if amount not repaid within stipulated time of 5 years, transferee will have absolute right and mortgage will be treated as an absolute sale and transferee to pay land revenue and other charges - Having not paid said..........
Sarava Shiksha Abhiyana (SSA) Scheme -- Office Memorandum - Mutual Transfers - Validity - SSA Scheme was to deal with primary objective of broad basing education - Provisions of mutual transfer does not militate against provisions of KCS (Regulation of Transfers of Teachers) Act and Rules framed thereunder, particularly when it was with respect of SSA Scheme, it was open..........
Specific Relief Act, 1963, Section 34, 38, Transfer of Property Act, 1882, Section 116 -- Suit for declaration of ownership - Seeking injunction against defendant claiming possession on basis of tenancy - Plaintiff claiming ownership on basis of entry in jamabandi and oral family settlement - Operation of S.116 of T.P. Act would confer legitimacy to possession of the..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage - Can be created by deposit of either original title deed or certified copies or Photostat copies of title deeds - It is only the intention of parties which is prime factor to be considered...........
Transfer of Property Act, 1882, Section 106 -- Notice - Notice to quit must be construed not with the idea of finding fault with it, which would render it defective, but it must be construed at res magis valeat quam pereat - The same should not be read in a hyper technical manner, but it should be read as to what the same would have meant to the recipient/tenant in..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 22, 24 -- Displaced person - Migrant from Pakistan - Allotment of property - Dispute regarding valuation of property - Property in question offered for transfer to original allottee in the year 1985 - However, original allottee aggrieved by valuation and price determined at that time - But he gave up..........
Transfer of Property Act, 1882, Section 106 -- Notice - Lease - Once lease stood determined by efflux of time, there is no necessity for a notice of termination u/s 106 of the Act, as position of tenant on expiration of lease is of a tenant at sufferance...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Presumption - There is presumption about validity of registered sale deed - A party questioning its legality is required to tender requisite evidence to dislodge this sort of presumption...........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Challenged on the ground that their father/vendor was not alive when sale deed was executed - Plaintiff failed to prove date of death of their father - Concurrent findings of Courts below in dismissing suit of plaintiff is proper...........
