Criminal Procedure Code, 1973, Section 407 -- Transfer of case - High Court Judge on inspection tour - Transfer application given to him - Notice issued through Sessions Court directing other side to appear before High Court Judge at his camp - Judge passing order transferring case - Not justified - Judge should have either directed applicants to file application before..........
Transfer of Property Act, 1882, Section 107 -- Lease of immovable property exceeding one year - If not registered cannot be admitted in evidence in view of S.17 of the Registration Act. (Registration Act, 1908, S.17)...........
Transfer of Property Act, 1882, Section 107 -- Lease deed - Signature of one of the parties - Not enough to conclude that the non-signing party has not joined in the execution of the instrument...........
Transfer of Property Act, 1882, Section 107 -- Lease deed - There is no stipulation in the provision that the instrument must be signed by both the parties...........
Agreement to sell -- Property in Cantonment Area - Agreement provided that vendee shall obtain permission from Military Estate Officer (MEO) for transfer - MEO granted conditional permission - Suit for return of earnest money on ground that conditional permission was granted - Plea that conditional permission given amounted to no permission at all - Trial Court and High..........
Motor Vehicles Act, 1939, Section 103A -- Insurance company - Liability - Accident taking place after transfer of motor vehicle - Intimation about transfer given to insurer by transferee of vehicle - Information not given in prescribed format - Yet certificate shall be deemed to have been transferred when no reply was given by insurer...........
Transfer of Property Act, 1882, Section 108(1), 111 -- Lease for a period of 21 years - Expiry of lease period - Tenant not vacating - In the lease deed no express provision to vacate after expiry of lease period - Held, landlord has statutory right to get possession of property and tenant has statutory obligation to vacate...........
Partnership Act, 1932, Section 69(2), Transfer of Property Act, 1882, Section 111(a), 108 -- Lease for 21 years - Expiry of lease period - Lease deed stipulated that lessee would vacate the premises on expiry of lease - Lessee not vacating - Suit by unregistered partnership firm for possession - Suit barred by S.69(2) of Partnership Act - Held, suit was based on cause of..........
Transfer of Property Act, 1882, Section 111(a), 108(q), 116 -- Tenant at sufferance and tenant holding over - Lease for a period of 21 years - Expiry of lease period - No evidence that he was a tenant holding over - Status of tenant has to be treated as a tenant at sufferance akin to a trespasser having no independent right to continue in possession...........
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 92 -- Sale deed - Mere fact that certain amount of sale consideration remained unpaid - By itself not indicative of the fact that sale is not complete - Intention of the parties is the relevant factor - Presumption of S.92 is available to transferee - Cancellation of sale deed subsequently on ground..........
