Civil Procedure Code, 1908 -- Order 9 ,R. 13 - Transfer of Property Act, 1882, Section 52 - Ex parte decree - Lis pendens transferee - Locus Standi to move application for setting aside ex-parte decree - Held that a lis pendens transferee, though not brought on record under Order 22 Rule 10 CPC, is entitled to move an application under Order 9 Rule 13 to set aside a..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908 -- Order 22 ,R. 10 - Civil - Lis pendens transferee - Held that bringing of a lis pendens transferee on record is not as of right but in the discretion of the Court...........
Criminal Procedure Code, 1973, Section 416 -- Transfer of case - Murder of wife - Child witness - Nine year old daughter of accused is afraid of deposing against her father & relatives at the place of occurrence - State agreeing to provide necessary security & protection - Transfer petition dismissed...........
Transfer of Property Act, 1882, Section 106 -- Monthly tenancy - Does not cease to be monthly tenancy merely because rent is recovered quarterly, half yearly or yearly...........
Transfer of Property Act, 1882, Section 58(c), Limitation Act, 1963, Article 54, Specific Relief Act, 1963, Section 10 -- Sale with condition of repurchase - Suit for specific performance by vendor for reconveyance of property - Sale of property for Rs.3, 000 with condition that vendee to reconvey property to vendor if latter repays Rs.5, 000 to vendee within five years..........
Specific Relief Act, 1963, Section 34, 37, 38, 41 -- Transfer of employee - Employee failing to comply with transfer order - Charge sheet issued - Suit for declaration that transfer order is illegal, void and injunction to restrain defendant from holding any inquiry - No written contract of service between parties and no pleading that transfer order is in violation of any..........
Transfer of Property Act, 1882, Section 55 -- Rights and liabilities of buyer and seller - Appellants-plaintiffs, builders and developers entered into an agreement with defendants to sell landed property owned by respondents - On execution of agreement appellants paid a sum of Rs.38 lakhs as deposit or earnest money - Respondents did not perform their part of contract for..........
Transfer of Property Act, 1882, Section 122, 13, 20 -- Gift of property to unborn child - There is no prohibition that interest in property cannot be created in favour of unborn person - In the instant case donor gifted property in favour of appellant, then living, and also stipulated that if other male children are later born they shall be joint holders with the appellant..........
Transfer of Property Act, 1882, Section 122, 123, 124, 125, 126, 127 -- Gift by parent to child - There is a presumption of acceptance of the gift by the donee...........
Transfer of Property Act, 1882, Section 122, 123, 124, 125, 126, 127 -- Gift by donor to minor child - Acceptance - No overt act signifying acceptance by the minor is required...........
