Rectification deed -- Wrong description of boundaries, survey number or any other description of property which does not create, transfer or record any fresh right can be rectified through rectification deed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - A person claiming title on the basis of a sale deed needs to prove the title of his vendor...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Once vendor claimed that property in question was lying vacant for last 14 years there was no question of delivery of physical possession to plaintiff/vendee - Thus, mere registration of sale deed could not be relied upon to show that possession had passed to plaintiff...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Jurisdiction of District Court and High Court is concurrent u/s 24 CPC - When a petition for transfer before District Court fails, party applying may approach concurrent jurisdiction of High Court, under the same provision but the party opposing would be precluded from approaching the High Court u/s 24 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Application u/s 24 CPC allowed by District Court - If party is aggrieved by order passed by District Court, it cannot further invoke jurisdiction of High Court u/s 24 CPC to undo District Court's order - Application u/s 24 CPC before High Court dismissed...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens as provided u/s 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of parties to the pending litigation and subject to any direction that Court may pass thereunder...........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
