East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a), Transfer of Property Act, 1882, Section 105 -- Landlords filed ejectment petition alleging that they want to open big Departmental Store in all the six floors of the building - During pendency of petition, landlords gave whole ground floor to new concern namely M/s ESPRIT - Tenant contended that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused only to delay disposal of complaint case has come forward with application of transfer of case - Held, same is liable to be dismissed...........
Banking Regulation Act, 1949, Section 6(1)(a), Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Banking business - Includes recovery - Assignment of debt/NPA for recovery of such debt to Banking Company is valid transaction - Such transaction is not prohibited by..........
Transfer of Property Act, 1882, Section 3 -- Attestation - In relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Comparative sale transactions of adjacent land - Compensation fixed on the basis of sale transaction between two corporate entities which was on the higher side as compared to other sale transactions - Nothing to show that sale transaction between two corporate entities was..........
Motor Vehicles Act, 1988, Section 157, 166 -- Accident - Compensation - Liability fastened on insurance company - Insurance company raised challenge that at the time of accident the vehicle had been sold and the subsequent purchaser had not informed the insurance company as such company is not liable as subsequent purchaser was a stranger and not privy to the contract of..........
Transfer of Property Act, 1882, Section 60 -- Redemption of part of the property - On payment of part of mortgage debt, mortgagor is not entitled to redeem proportionate mortgage property - Integrity of mortgage cannot be permitted to be broken...........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- Lis pendens - Execution of gift deed during pendency of suit for specific performance - Held, gift deed is null and void as (1) it is executed during pendency of suit and is hit by doctrine of lis pendens; (2) donee under gift deed is not a bona fide transferee as the transfer is..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31A -- Execution of decree passed in suit for recovery of amount due to bank filed in civil court - Suit decreed - During relevant time DRT Act was in force and Tribunal was constituted - Held, civil court has no jurisdiction to entertain execution petition - Entire execution proceedings are void..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Minor - Even if the rights of a minor in the immovable property are effected by act and conduct of his natural guardian, Court is the overall guardian of the minor who has to see that the title of the minor in the immovable property is not effected by any of the mode of transfer of property where there is no necessity..........
