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Search results for 53a

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC
1 week, 2 days ago

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor. Citing Section 49 of the Registration Act Justice Sanjay Dhar explained that an unregistered agreement to sell immovable property is admissible as evidence which allows …

Legal Court Specific Performance Sale Registration Right Appellants
Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court
4 months, 3 weeks ago

Article 23A Of Schedule I-A Of Stamp Act Applies To Agreements To Sell Under Section 53A Of Transfer Of Property Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice C.Hari Shankar has held that Article 23A of Schedule I-A of the Stamp Act applicable in Delhi covers Agreement to Sell to which Section 53A of the Transfer of Property Act applies. Further, the bench held that every contract for the transfer of immovable property in the nature of part performance under Section …

Contract Delhi Property Court Transfer Schedule Held
[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC
10 months, 1 week ago

[S.53A CrPC] Filling Gaps Of Prosecution Case By Seeking DNA Profiling Of Accused After Completion Of Investigation Offends Article 21: Calcutta HC

Live Law  

The Calcutta High Court has held that filling up gaps in the prosecution case by invoking Section 53A of the Criminal Procedure Code would offend Article 21 of the Constitution.A single bench of Justice Moushumi Bhattacharya sitting at the High Court's Circuit Bench at Port Blair held:It is clear from the facts of the. The Calcutta High Court has held …

Trial Investigation Procedure Court Prosecution Case Accused
Though Agreement To Sell Doesn't Confer Title, Possessory Right Of Prospective Purchaser Protected Under Sec 53A TP Act : Supreme Court
1 year, 6 months ago

Though Agreement To Sell Doesn't Confer Title, Possessory Right Of Prospective Purchaser Protected Under Sec 53A TP Act : Supreme Court

Live Law  

The Supreme Court has held that even though an Agreement to Sell does not transfer proprietary rights in an immovable property, however, when the prospective purchaser performs his part of the contract and receives possession of the property, then he/she is said to have acquired possessory title and the same is protectable under Section 53A of the Transfer of Property …

Supreme Court Property Sale Title Transfer Right Agreement
No Reason For AO To Believe Income Chargeable To Tax Escaped Assessment: Bombay High Court
1 year, 10 months ago

No Reason For AO To Believe Income Chargeable To Tax Escaped Assessment: Bombay High Court

Live Law  

The Bombay High Court has held that the development agreement permitted construction on the land only as a licensee, which did not have the effect of transmitting possession in favor of the licensee as per Section 53A of the Transfer of Property Act.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that there was neither …

Bombay High Court Property Act Section 53A Income Chargeable Licensee
Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court
2 years, 9 months ago

Order VII Rule 11 CPC - Court Has To Read Plaint As A Whole; Can't Reject It Only Reading Few Lines : Supreme Court

Live Law  

While considering an application for rejection of plain under Order VII Rule 11 CPC, the Court has to go through the entire plaint averments and cannot reject the plaint by reading only few lines/passages and ignoring the other relevant parts of the plaint, the Supreme Court has held.A bench comprising Justices MR Shah and BV Nagarathna set aside the judgment …

Supreme Court Property Court Transfer Order Shah Suit
Tarun Tejpal Acquittal Judgment Coloured By Prejudice & Patriarchy; Focuses On Victim Blaming : Goa Govt In Appeal
3 years, 6 months ago

Tarun Tejpal Acquittal Judgment Coloured By Prejudice & Patriarchy; Focuses On Victim Blaming : Goa Govt In Appeal

Live Law  

The Goa Government has cited the trial court's lack of understanding of a rape victim's post-trauma behavior, using her past sexual history and education as legal bias against her but not using the same standards against the accused, and making observations driven by "patriarchy" as some of the grounds to challenge the judgment acquitting journalist Tarun Tejpal. On Tejpal's Apology …

Goa Judgment Trial Evidence Court Rape Victim