TRANSFER OF PROPERTY ACT – MyNation KnowledgeBase

Whether conduct of defendant who is seeking vacation of interim order should also be fair and honest?

Posted on 21/09/202421/09/2024 by MyNation Leave a comment

Civil Miscellaneous Appeal Nos. 43 and 45 of 2021 Decided On: 25.01.2022 K. Ravi Prasad Reddy and Ors. Vs. G. Giridhar and Ors. Hon’ble Judges/Coram: C. Praveen Kumar and Ravi Nath Tilhari, JJ. Citation: MANU/AP/0075/2022. Read full Judgment here: Click here

Whether Section 52 of Transfer of Property Act operates as bar to grant of temporary injunction under Order 39 Rules 1 and 2 of CPC?

Posted on 21/09/202421/09/2024 by MyNation 1 Comment

Andhra Pradesh High Court – Amravati Civil Miscellaneous Appeal Nos. 43 and 45 of 2021 Decided On: 25.01.2022 K. Ravi Prasad Reddy and Ors. Vs. G. Giridhar and Ors. Hon’ble Judges/Coram: C. Praveen Kumar and Ravi Nath Tilhari, JJ. Author: Ravi Nath Tilhari, J. Citation: MANU/AP/0075/2022, 1. Heard Sri…

SC: Whether the court can grant benefit of S 51 of Transfer of Property Act to encroacher of land?

Posted on 18/09/202418/09/2024 by MyNation 2 Comments

IN THE SUPREME COURT OF INDIA Civil Appeal Nos. 6182-6183 of 2009 Decided On: 02.02.2023 Baini Prasad (D) Thr. LRs. Vs. Durga Devi Hon’ble Judges/Coram:B.R. Gavai and C.T. Ravikumar, JJ. Citation: MANU/SC/0088/2023 1. The Respondent in R.S.A. No. 276 of 1996 who was the Defendant in…

Transfer of Property Act, 1882 – Section 56 – Marshaling by Subsequent Purchaser – Essential ingredients for invocation of this equitable principle.

Posted on 01/07/2021 by MyNation Leave a comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3417 OF 2019 IDBI Trusteeship Services Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its registered ofce at Asian Building, Ground Floor, 17, R. Kamani…

Is it mandatory that both parties should remain present before sub registrar at the time of registration of sale deed?

Posted on 26/01/202022/09/2021 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3975 OF 2010 H.P.Puttaswamy Vs Thimmamma ANIRUDDHA BOSE,J. Dated:Dated: 24th January, 2020. The main dispute involved in this appeal concerns the question of necessity of presence of a purchaser of immovable property before…

Oral transfer of Property under the Transfer of Property Act

Posted on 04/06/201804/06/2018 by MyNation Leave a comment

Madras High Court Serandaya Pillai And Anr. vs Sankaralingam Pillai And Anr. on 30 September, 1958 Equivalent citations: (1959) 2 MLJ 502 Author: Ramaswami JUDGMENT Ramaswami, J. 1. This Second Appeal is preferred against the decree and judgment of the learned Subordinate Judge, Tirunelveli, in…

Whether doctrine of part performance as per S 53A of transfer of property Act can be used by plaintiff as shield?

Posted on 17/01/2018 by MyNation Leave a comment

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD Appeal From Order No. 457 of 2016 and Civil Application No. 12575 of 2016 in Appeal From Order No. 457 of 2016 Decided On: 10.01.2017 Ghnshyambhai Dhirubhai Barvaliya Vs. Rasikbhai Dhirubhai Ambaliya and Ors. Hon’ble Judges/Coram:S.H. Vora,…

Whether valid gift deed can be executed even if possession of gifted property is not given to donee?

Posted on 02/12/201702/12/2017 by MyNation Leave a comment

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CIVIL APPEAL NO. 4195 OF 2008 RENIKUNTLA RAJAMMA (D) BY LRS.. Appellant (s) VERSUS K.SARWANAMMA Respondent (s) Date : 17.07.2014 This Petition was…

Factors to be considered by court for judging whether structures are permanent or not

Posted on 26/09/2017 by MyNation Leave a comment

Supreme Court of India PETITIONER:VENKATLAL G. PITTIE & ANR Vs. RESPONDENT:BRIGHT BROS. (PVT.) LTD. DATE OF JUDGMENT21/07/1987 BENCH:MUKHARJI, SABYASACHI (J) MUKHARJI, SABYASACHI (J) NATRAJAN, S. (J) CITATION: 1987 AIR 1939 1987 SCR (3) 593 1987 SCC (3) 558 JT 1987 (3) 139 1987 SCALE (2)115…

When defendants are entitled to get benefit of doctrine of part performance?

Posted on 19/06/2017 by MyNation Leave a comment

JHARKHAND HIGH COURT SECOND APPEAL NO. 61 of 2004 Smt. Gita Devi Vs ccc PRESENT MR. JUSTICE D.N. UPADHYAY PRONOUNCED ON 05/08/2016. Citation: AIR 2017 Jharkhand 24 D.N. Upadhyay, J This Second Appeal has been preferred by defendants/appellants against the Judgement dated 24.11.2003, Decree dated…

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Tag: TRANSFER OF PROPERTY ACT

Whether Section 52 of Transfer of Property Act operates as bar to grant of temporary injunction under Order 39 Rules 1 and 2 of CPC?

SC: Whether the court can grant benefit of S 51 of Transfer of Property Act to encroacher of land?

Transfer of Property Act, 1882 – Section 56 – Marshaling by Subsequent Purchaser – Essential ingredients for invocation of this equitable principle.

Is it mandatory that both parties should remain present before sub registrar at the time of registration of sale deed?

Oral transfer of Property under the Transfer of Property Act

Whether doctrine of part performance as per S 53A of transfer of property Act can be used by plaintiff as shield?

Whether valid gift deed can be executed even if possession of gifted property is not given to donee?

Factors to be considered by court for judging whether structures are permanent or not

When defendants are entitled to get benefit of doctrine of part performance?

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