Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Defence of part performance - Conditions to be satisfied - Held, (i) transferor had contracted to transfer for consideration any immovable property by writing signed by him or on his behalf from which term necessary to constitute transfer could be ascertained with reasonable certainty and that transferee..........
Registration Act, 1908, Section 17 -- Cancellation of sale deed or other deeds of transfer - Without participation of all parties to it - Not sustainable in law...........
Punjab State Agricultural Marketing Board (Sale and Transfer of Plots) Rules, 1990, Rule 3(v), 12 - - Development of new markets - Eligibility - Held, licensee should be in possession of an independent premises either as an owner or a tenant in old market - Carrying on business from a Phar/platform cannot be equated with `premises'...........
Civil Procedure Code, 1908, Order 41, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - On bifurcation of State matter pertaining to territorial jurisdiction of Uttarakhand High Court transferred from Allahabad High Court - After transfer of matter, notice not issued to parties - Restoration application filed after delay of 10 years -..........
Transfer of Property Act, 1882, Section 116 -..........
West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 6(3), West Bengal Land Reforms Act, 1956, Section 4C -- Acquisition of estates - Right of retention - Factory was not running in land in question on date of vesting - Respondent company acquired lands from Receiver appointed by High Court - S.6(3) of 1954 Act would not be attracted - Land purchased by..........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Validity - Earlier case was withdrawn from the file of Sri.P.H.Sharma and it was transferred to the Court of Sri A.K.Srivastava, who was Additional Sessions Judge-I but after some time Sri Srivastava was transferred to another Judgeship and Sri Sharma being the Senior most Additional Sessions Judge was..........
Transfer of Property Act, 1882, Section 116, City of Nagpur Corporation Act, 1950, Section 70 -- Renewal of lease in favour of sub-lessee - Legality - Lease with renewal clause executed in favour of respondent by corporation - Respondent assigning lease to appellant with right to purchase respondent's rights under head lease including that of renewal - Appellants suit for..........
Criminal Procedure Code, 1973, Section 482 - - Transfer of case for investigation - Theft of 23 metric tones of TMT bars from lorry valued at Rs.9,86,000/- - Complaint disclosed that owners and drivers of vehicle were hand in glove with organized criminals and inter-State gangs, who were engaged in committing theft of steel materials belonging to petitioner's-company -..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Failure to file within time specified - Held, provision of O.8.R.1 CPC is directory and not mandatory - Delay occurred due to transfer of suit from one Court to another Court - Defendant entitled to file written statement subject to payment of cost...........
