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Nov 30 1998 (HC)

Ansal Properties and Industries Ltd. Vs. Appropriate Authority and ors ...

Court : Delhi

Reported in : 72(1998)DLT84

..... in writing) as entered into between the parties is rendered void or stands vitiated in any manner whatsoever. on the general law relating to transfer of property as contained in transfer of property act and contract act, etc. the provisions of chapter xx-c of the it act can make an inroad only to the extent specifically provided ..... striking the final deal. in good number of cases, looking to the inflationary tendencies the construction cost increases and so increases the price at which the property is actually transferred. 24. sec. 269uc(3) contemplates particulars being prescribed which must be set forth in the prescribed proforma agreement. such particulars have been prescribed by the ..... on the other hand, the object is fulfillled. excluding form 37-i from consideration on the ground of delay would result into the transaction for transfer of immovable property being excluded from the tax-net and considered by the appropriate authority. on the other hand, if the form is permitted to be filed even ..... no. 37-i has been prescribed by the rules. the relevant part thereof is also extracted and reproduced hereunder : 'form no. 37-i statement of agreement for transfer of immovable property to be furnished to the appropriate authority under s. 269uc of the it act, 1961. agreement made this of the year 19........ between .............................................................. ................................................. [name .....

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Nov 04 1988 (SC)

Pomal Kanji Govindji and ors. Vs. Vrajlal Karsandas Purohit and ors.

Court : Supreme Court of India

Reported in : AIR1989SC436; (1989)1GLR418; JT1988(4)SC307; 1988(2)SCALE1287; (1989)1SCC458; [1988]Supp3SCR826

..... speaking for the court pointed out that if the tenant could not resist the suit for ejectment either by reason of section 76(a) of the transfer of property act or section 21 of the bihar tenancy act, the tenant could not get such a right as a result of the interaction of both those ..... mortgage. the question was whether after redemption of mortgage such lease is binding on the mortgagor. it was held that section 76(a) of the transfer of property act would not apply to such cases. there must be express words showing an intention if tenancy was to be created beyond the term of the ..... the mortgagor with an obligation to pay for the same as a ground for redemption, would amount to clog on equity.29. section 60 of the transfer of property act, 1882, conferred on the mortgagor the right of redemption. this is a statutory right. the right of redemption is an incident of a subsisting ..... to hereinbefore which have been accepted by this court in this country, looks with disfavour at clogs on the equity of redemption. section 60 of the transfer of property act, in india, also recognises the same position.26. it is a right of the mortgagor on redemption, by reason of the very nature of ..... v. shankar lal and ors. (supra). there, this court observed that the rule against clog on equity of redemption embodied in section 60 of the transfer of property act empowers the court not only to relieve a mortgagor of a bargain whereby in certain circumstances his right to redeem the mortgage is wholly taken away .....

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Aug 30 2007 (SC)

Syndicate Bank Vs. Estate Officer and Manager, A.P.i.i.C. Ltd. and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC3169; 2007(6)ALD53(SC); 2007(4)AWC4011(SC); (2007)5CompLJ98(SC); (2007)8SCC361

..... the mere deposit of title deed s constitutes a mortgage, for no such presumption has been laid down either in the evidence act or in the transfer of property act. but a court may presume under section 114 of the evidence act that under certain circumstances a loan and a deposit of title deeds constitute ..... an equitable mortgage by deposit of title deeds was created. what is mortgage by deposit of title deed is defined under section 58(f) of the transfer of property act, as follows:where a person in many of the following towns, namely, the towns of calcutta, madras and bombay, and in any other town ..... or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: provided that no such transaction shall ..... . (ii) it is not a case where a mortgage could be created by reason of deposit of title deed as contemplated under section 58 of the transfer of property act. (iii) mere deposit of allotment letter or the agreement dated 03.08.1972, thus, did not create any charge in favour of the bank. ..... dated 03.08.1972 as also the consent letter dated 03.08.1972 being documents of title within the meaning of section 58(f) of the transfer of property act, the high court committed a mistake in opining otherwise.(v) consent letter dated 03.08.1972, which is in conformity with clause 8(b) .....

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Aug 21 1990 (SC)

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

..... at page 676 it is also stated thus:notice enures for the benefit of the successor in title of the lessor or lessee giving chitaley's transfer property act, 4th edn., 1969, vol. ill, note 35, it is stated thus:where the lessor gives notice to quit and then assigns his interest ..... of limitation prescribed thereunder would apply. thus we have no hesitation to hold that the notice under section 106 and section 111(h) of the transfer of property act is an act done or purported to have been done in the official capacity as power of attorney holder/asstt. estate manager on behalf of ..... down traceless. let us first deal with the arguments on the foot of the provisions of t.p. act. section 2(d) of the transfer of property act, 1882 provides saving of the previous operation of law. it states that:.nothing herein contained shall be deemed to affect save as provided by ..... state act ceased to be operative with effect from february 1, 1975, the quit notice issued under section 106 read with section 111(h) of transfer of property act became ineffective and without determining the tenancy afresh, the suit was not validly laid. it was also pleaded that the respondent had promised that in ..... of one month from the date of receipt of the notice the lease shall stand terminated. the lessor's right on transfer of the immoveable property including the lease hold rights created on the property sold, the transferee, in the absence of contract to the contrary, shall possess all the rights and if the lessee .....

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Aug 29 1969 (SC)

R. Kempraj Vs. Barton Son and Co.

Court : Supreme Court of India

Reported in : AIR1970SC1872; (1969)2SCC594; [1970]2SCR140

..... a period of ten years only by means of the indenture exh. p-l. the stipulation relating to the renewal could not be regarded as transferring property or any rights therein.6. in ganesh sonar v. pumendu narayan singha and ors. (1962) patna 201. in the case of lease of ..... living persons' include a co. or association or body of individuals. section 105 of the act defines 'lease'. a lease of immovable property is a transfer of a right to enjoy such property made for a certain time express or implied or in perpetuity in consideration of a price paid or promised or of money, a ..... appellate court and the high court affirmed the decree.4. the rule against perpetuity is embodied in section 14 of the transfer of property act, hereinafter called the act. according to it no transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at ..... thereby, but not against a transferee for consideration and without notice of the right or obligation nor against such property in his pointed out in mulla's transfer of property act, 5th edn., at page 194, section 40 expressly says that the right of the covenantee is not an interest in the land ..... its own destruction and that all contrivances shall be void which tend to create a perpetuity or place property for ever out of the reach of the exercise of the power of alienation'. the words 'transfer of property' have been defined by section 5 of the act to mean an act by which a living .....

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Feb 06 1967 (SC)

R. Santhankumar Nadar Vs. Indian Bank Ltd., Madras and ors.

Court : Supreme Court of India

Reported in : AIR1967SC1296; [1967]2SCR613

..... a notice. this contention cannot be accepted. it will be noticed that in the bombay case there was no reference to section 69 of the transfer of property act or the powers of the mortgagee thereunder. moreover, the mortgage deed in that case expressly provided for notice being given to the mortgagors or their ..... down. in paragraph 2 of his written statement he had raised the plea that the power of sale in terms of section 69 of the transfer of property act was ultra vires the constitution of india as being discriminatory and opposed to the fundamental rights of citizens. apparently the plea was abandoned at ..... in his petition. by his statement of case filed in this court, the appellant sought to contend that the provisions of section 69 of the transfer of property act allowing the exercise of the power of sale after notice to any one of the mortgagors offended article 19 and 14 of the constitution and ..... also rejected the contention put forward on behalf of the appellant that he was a bona fide purchaser within the meaning of section 51 of the transfer of property act and as such entitled to the improvements effected by him, namely, the cost of erecting the structures he had put up thereon. the appellant ..... 1944 and to take other necessary steps. on may 28, 1952 a notice was issued in terms of the mortgage deed under section 69 of the transfer of property act. there is no dispute that it was not served on the appellant. the sale was widely advertised and was adjourned from time to time .....

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May 16 1990 (HC)

Asman Ali Laskar Alias Jamir UddIn Vs. Forjan Ali Barbhuiya

Court : Guwahati

..... clearly stated that the period of notice would expire at the end of the month of kartik, the notice fulfils all the requirements of section 106 of the transfer of property act. 6. in support of his contention mr. singh has placed reliance in a question of the karnataka high court in f.j. fernandis v. a. ..... was rejected only on the ground that no valid notice as required under section 106 of the transfer of property act was served. learned lower appellate court held that notice to quit was valid and legal and accordingly decreed the suit in full. hence, the second appeal. ..... for eviction of the tenant from the suit house. the suit house is situated outside the urban area and as such the tenancy is governed by the transfer of property act. the learend trial court decreed the suit only for arrears of rent, but rejected the prayer for ejectment of the defendant. the prayer for ejectment ..... the tenancy should have been terminated on the next day. 5. as the tenancy was a monthly one, according to section 106 of the transfer of property act, the tenancy can be terminated 'by 15 days' notice expiring with the end of month of tenancy.' under section 106 of the ..... transfer of property act, the notice terminating the tenancy must be in writing and in case of monthly tenancy it is terminable by 15 days' notice and .....

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Apr 19 2004 (SC)

Smt. Gorabai and ors. Vs. Ummed Singh (Dead) by Lrs. and ors.

Court : Supreme Court of India

Reported in : JT2004(Suppl1)SC318; 2004(3)MPHT490; 2004(5)SCALE59; (2004)5SCC130

..... wish of the landlord. such a tenant is called a tenant-at- sufferance and his possession is deemed to be almost like that of a trespasser. mulla in the 'transfer of property act', 9th edition at pp. 1013 explains the status of tenant-at-sufferance thus :-'a tenancy at sufferance is merely a fiction to avoid continuance in possession operating as a ..... . jaikisandas : [1966]3scr815 where a distinction has been drawn between a suit brought by a proprietor in his character as proprietor for possession of property and in his individual right to possess in respect of the said property against the trespasser. the high court lost sight of the provisions of section 41 of the act which enables even a proprietor holding land .....

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Feb 22 1952 (HC)

Jibhaoo Harisingh Rajput Vs. Ajab Singh Fakira Rajput

Court : Mumbai

Reported in : AIR1953Bom145; (1952)54BOMLR971; ILR1953Bom253

..... arises by operation of law, on payment of the purchase money independently of the sale deed.'it is true that the transfer of property act did not apply to the punjab. but as the full bench themselves pointed out,'although the transfer of property act is not in force in the punjab, the principle enunciated in section 55(6)(b) being a general rule ..... be in the nature of a mortgage. such a prayer must proceed on the basis that there has been some transfer of interest. we therefore think that unless a transaction has ex facie resulted in the transfer of some interest in the property, a debtor cannot come to the debt adjustment court under section 34 and ask it to deter-mine that the ..... either under an instrument or not. in our opinion, this argument is not necessarily conclusive. even under the ordinary law, a transfer has to be under an instrument duly registered, it the value of the subject-matter of the immovable property conveyed under that instrument is rs. 100 or more. if it is of the value of less than rs. 100, neither ..... invalid. the transaction must, in our opinion, be valid in its inception. the precise nature of the transaction can then be examined by the debt adjustment court. there must be transfer of an interest in the property under the transaction in question, and it is then that the debtor can come to the court and say that the .....

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Jan 16 2001 (HC)

Chartered Housing and Bhoruka Finance Corporation Vs. Appropriate Auth ...

Court : Karnataka

Reported in : (2001)167CTR(Kar)248; [2001]250ITR1(KAR); [2001]250ITR1(Karn); [2001]116TAXMAN331(Kar)

..... 17. section 6 is not very material for our purpose. section 7 reads as under : '7. persons competent to transfer.--every person competent to contract and entitled to transferable property, or authorised, to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in (he manner ..... present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons ; and 'to transfer property' is to perform such act. in this section 'living person' includes a company or association or body of individuals, whether incorporated or not but nothing hereincontained shall affect any ..... means statement in form no. 37-i, we can yet clue from section 269uk which says that no person shall revoke or alter an agreement for the transfer of an immovable property or transfer such property in respect of which a statement has been furnished under section 269uc. reference to this statement is certainly to form no. 37-i. it would mean ..... , allowed and prescribed by any law for the time being in force.' section 8 indicates the operation of transfer. it reads as under .....

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