Transfer of Property Act, 1882, Section 62, 111 -- Tenancy followed by mortgage - Whether rights of a tenant would give way to rights of a mortgagor would essentially depend upon the terms and condition of the mortgage - If the tenant surrender the tenancy either explicitly or by necessary implication, the terms of deed of mortgage shall prevail - Tenant surrendering..........
Transfer of Property Act, 1882, Section 62, 83 -- Usufructuray mortgage - Rights of mortgagor - A Usufructuary mortgagor may file a suit for redemption or may take recourse to the summary process of deposit and notice u/s 83 of Transfer of Property Act...........
Transfer of Property Act, 1882, Section 62, 111 -- Evidence Act, 1872, Section 115 - Estoppel - Tenancy followed by mortgage - Suit for redemption - Mortgagee disputing right to recover possession - Mortgage deed acted upon - Parties altered there position knowingfully well there mutual rights and obligations under the agreement - Mortgagee estopped from disputing the..........
Transfer of Property Act, 1882, Section 111(f) -- Tenancy - Implied surrender - Implied surrender of tenancy may be either - (i) By creation of a new relationship - (ii) By relinquishment of possession - Virtual taking of possession is not sine quo non for implied surrender, as the same can be created by a new relationship also - A tenant may continue to occupy the..........
Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case - Powers of Sessions Court - Held, in any criminal revision, where grant of bail was challenged, Sessions Judge could not pass an order of transfer of case...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Use of terms by itself is not sufficient to hold the nature of the right created by the document - An effort should be made to find out whether the deed confers a right to possess exclusively coupled with transfer of a right to enjoy the property or what has been parted with..........
Andhra Pradesh State and Subordinate Service Rules, 1996 -- Andhra Pradesh Ministerial Service Rules, Rules 16(1) and 27(1) (iii) - Seniority - Appellant on his selection, was originally allotted to the Printing Department - He sought a re-allotment and after eight months, he was re-allotted to the Commercial Tax Department - See no reason to confine the operation of Rule..........
Administrative Tribunals Act, 1985, Section 3(q),14,28,29 -- Service matter - Jurisdiction - Transfer of cases - Respondent a workman with petitioner Kedriya Vidyalaya Sangathan - His service discontinued and industrial dispute raised by him referred to the Labour Court on 19.6.1996 - On 17.12.1998 during the pendency of proceedings before Labour Court notification issued..........
Criminal Procedure Code, 1973, Section 9, 11, 16 -- Mahila Court - Establishment of - Transfer of proceedings - Legality of - Sessions Judge was posted as Mahila Court after such Mahila Court was established by Govt. - Powers of Metropolitan Magistrate conferred on Mahila Court on Sessions Judge without a specific notification by State Govt. establishing such Court of..........
Civil Procedure Code, 1908, Section 39(4), Order 21,, Rule 3, 54 -- Execution of decree - Property situated outside local limits of jurisdiction of Executing Court - An execution against immoveable property lying outside the jurisdiction of executing court is possible in terms of O.21 R.3 of the Code when particular item of immoveable property, forms one estate or tenure..........
