Transfer of Property Act, 1882, Section 44 -- Sale - Co-sharer - Suit for perpetual injunction - Suit plots are not within vicinity of plaintiff's house and homestead - Said plots not even indispensable for use and occupation of dwelling house of plaintiff and his co-sharer - Suit u/s 44 of the Act held, not maintainable...........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105, Specific Relief Act, 1963, Section 6 -- License or lease - Defendant granted license to plaintiff to carry on business of selling jewellery and handicrafts within hotel lobby - No interest created in respect of shop by defendant in favour of plaintiff - Plaintiff was not in exclusive possession..........
Transfer of Property Act, 1882, Section 54 -- Sale - When a property was sold, purchaser get into shoes of vendor and rights of vendor will become right of purchaser - No specific endorsement to that effect is necessary...........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Constitution of India,1950, Article 32, 136, 142 -- Transfer of divorce petition from State of J&K to any other State - Supreme Court is not powerless to transfer petition from State of J&K to any other State and vice versa - Such power can be exercised u/arts 32 and/or 136 and 142 of Constitution - Divorce petition transferred from State of J&K to Court of District Judge..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, 7, Transfer of Property Act, 1882, Section 105, 106, Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 2(1)(a) -- Eviction petition - Default in payment of arrears of rent - Tenancy of respondent was terminated by a valid notice u/s 106 of the Act -..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Existence of compromise deed between landlord and tenant for peaceful and vacant possession of land on which staff of tenant were residing - Absence of any pre-condition to clear-off all dues before handing over possession - Workers or staff of tenants have no right to create hindrance in..........
Indian Penal Code, 1860, Section 363, 366A, 376(2), Protection of Children from Sexual Offences Act, 2012, Section 6, Evidence Act, 1872, Section 59 -- Rape of minor girl - Determination of age - Date of birth mentioned in the transfer certificate would have no evidentiary value unless the person, who made the entry or who gave the date of birth is examined...........
Arms Act, 1959, Section 13, 14, Arms Rules, 2016, Rule 25 -- Firearm licence - Rejection - On the ground of age - R.25 of Arms Rules states that person attaining 70 years of age and above can transfer his licence to his son but there is no age bar at all to reject the firearm licence on the ground of age...........
Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Two sales deed in single plot - There is no whisper regarding membership or allotment date of scheduled property - Documentary evidence reveals about boundaries of schedule property, his application and issuance of sale certificate and also same being registered - Even, documentary..........
