Civil Procedure Code, 1908, Order 38, Rule 8 -- Adjudication of claim U.O.38.R.8 CPC - While considering application U.O.38.R.8 CPC, Court is enjoined with power to consider question whether transfer is fraudulent in terms of S.53 of T.P. Act...........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Premises in question is residential accommodation and thus fifteen days quit notice is essential - Oral and documentary evidence on record to substantiate the same - There is no much dispute with regard to issuance of quit notice and service on defendant - Duration of tenancy is 36 months as per lease deed and..........
Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Suit for declaration challenging sale deed - Non-examination of Sub-Registrar - Registration of sale deed carries a presumption of truth - However, withholding Sub-Registrar is one of ground for dismissal of suit, as if at all there was some truth, efforts should be made to examine Sub-Registrar who was..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - There cannot be an unilateral cancellation of registered sale deeds and that a cancellation deed cancelling a sale deed can be registered only after same is cancelled by a competent civil..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - When cancellation deed or revocation deed unilaterally executed is null and void and that when such transaction is meaningless, it is just and fair to allow writ petition leaving it open to..........
Registration Act, 1908, Section 49 -- U, registered sale deed - Collateral purpose - Sale deed in question cannot be received in evidence, as it is not registered - It cannot also be received for a collateral purpose, as delivery of possession which is not a collateral transaction i.e independent or divisible from transfer recorded in sale deed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cannot be set aside on the ground that the payment of sale consideration is not before the Sub-Registrar...........
Transfer of Property Act, 1882, Section 5, 6, Registration Act, 1908, Section 17 -- Judgment and decree - Not an instrument of transfer and it does not require registration...........
Transfer of Property Act, 1882, Section 106, 107 -- Quit notice - - Tenant by his conduct of remittance of rent to landlord admitted relationship of landlord and tenant - Even, tenant admitted revised rate of rent by landlord in year 2002 - Cessation of tenancy by issuing quit notice u/s 106 of the Act held, valid...........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Testimony of PW8, who claims to be an eye witness is not reliable and trustworthy - Her testimony in Court is full of material omissions/contradictions/improvements - PW8 not stated true facts - Even, prosecution suppressed the material..........
