...vendor for the same sale consideration is barred under the provisions of Section 10 or 11 of Transfer of Property Act? This is the question to be decided in the appeal.2. Pl...Section 10 of Transfer of Property Act and as the absolute title was transferred under Ext. A2, respondent is enti...property to the vendor is void under Section 10 of Transfer of Property Act and as provided under...

.... According to the petitioner, this condition is contrary to Section 10 of Transfer of Property Act, 1972. Therefore, he further submits that the Principal Sub Court, Kumbakonam has committed an e...year 1962 was hit by Section 10 of Transfer of Property Act. That is a matter to be decided only by the Trial Court at the time of final hearing. A 3...petitioner herein by his vendor, who appears to be a subsequent purchaser of the property. In the suit, the petitioner filed I.A.No.381 of 2021 under Order VII Rule 11 of C.P.C., for rejecting the plaint...

...was also held that such a bye-law would amount to a restraint on alienation and hence would be hit by Section 10 of the Transfer of Property Act. The Society and its Chairman, challenged the said...unenforceable and the Society cannot be compelled to act against the terms of its bye-laws. He also submitted that there was no absolute restraint on alienation to attract Section 10 of the Transfer ...contended that the High Court was right in holding that the bye-law concerned operated as a restraint on alienation and such a restraint was clearly invalid in terms of Section 10 of the Transfer ...

...conclusion that the condition imposed in Ex.A5- gift deed, curtailing the power of alienation available to the donee was not valid in view of Section 10 of Transfer of Property A...Section 10 of the Transfer of Property Act? 2.Have not the Courts below erred in law, in non suiting the plaintiff when under ... connection it would be appropriate to refer Section 10 of Transfer of Property Act, which reads as follows...

...in Rule 29(1) is opposed to Section 10 of Transfer of Property Act; (2) The prohibition contained in...Transfer of Property Act. It is also highly doubtful whether a partial restriction would come within the mischief of ..., notwithstanding anything contained in Transfer of Property Act.8. It is not disputed that transfer in favour...

...for the petitioner submitted that gift is a mode of transfer, governed by the provisions of Transfer of Property Act, 1882. Section 10 of Transfer of ...Sharma v. Nandan Mahto . AIR 1982 Pat. 32, in which it has been held that section 10 of Transfer of Property Act, 1882 is applica...”) would not be available, is also not applicable.13. A gift is “transfer of property whether movable or immovable” with meaning of section 5 of Transfer ...

...transferred with all its legal incidents which include right to dispose of. Section 10 of the Transfer of Property Act prohibits restraint on transfer. Th...permanent injunction in the nature of prohibiting or restraining alienation is granted, it is against rigor of Section 10 of Transfer of Property Act. But... declaration as he has not yet acquired title over schedule property. 10. The plaintiff cannot also claim decree of permanent injunction to...

...property is transferred absolutely, it must be transferred with all its legal incidents which include right to dispose of. Section 10 of the Transfer ...prohibits restraint on transfer. Therefore if decree of permanent injunction in the nature of prohibiting or restraining alienation is granted, it is against rigor of Section 10 of ...declaration as he has not yet acquired title over schedule property. 10. The plaintiff cannot also claim decree of permanent injunction to restrain defendant no. 7 from...

...Section 10 of Transfer of Property Act, which provides that where the property is transferred subject to...PC:1). The Appeals are directed against the concurrent finding of fact by the Courts below in the suit filed by the respondent for partition of the joint property and for...of the case stated in brief are as follows:-. The grandmother of the parties, one Hirabai was the owner of the suit property which consisted of open land, as well as, a two storeyed house property...

...settlement deed. The settlement deed is hit by Section 10 of the Transfer of Property Act, 1882. Resultantly, the settlement deed under which a limited estate of life interest was to vest...deed, devolve on the 1stdefendant (deceased), who would have powers to alienate / transfer the same, as its absolute owner. (d) Reliance on Section 10 of the ...to submit that transfer of property, subject to a condition or limitation restraining the 1stdefendant from parting with or disposing of the property is void, was rejected as being misplaced. ...

...well as his purchasing the property from and decree of the civil court that sale to the extent of 2/3rd share of minors was void and that the appellant had parted with possession of 52 kanals and ...facts, is whether the appellant is in possession of the plaint scheduled lands on exchange as a consequence of compensating him for the loss of 52 kanals 10 marlas.3. Section 119 ...the Transfer of Property Act, 1882 (for short ‘the Act’) envisages that if any party to an exchange … is by reason of any defect in title of the other party deprived of the thing or any part ...

...that a clause in the partition deed violates Section 10 of Transfer of Property Act has no application to the present case on hand. If plaintiff and defendants 1 and 2 have not disputed the regist... AGED ABOUT 57 YEARS, S/O LATE HALAPPA, R/O SHYAGALI VILLAGE, DAVANAGERE TALUK AND DISTRICT-577002. …RESPONDENTS THIS RSA IS FILED UNDER SECTION 100 OF...partition deed has acquired - 8 - right over the property, the plaintiff need not seek relief of declaration as his...

...under the gift deed dated 14-7-1944 relating to alienation of the property was void and illegal by virtue of Section 10 ...Section 10 of the Transfer of Property Act and as such void. It accordingly held that the sale deed dated 9-6-1959...the property is bad. According to him, Section 126 is the general section which is controlled by Sec. 10 of the Transfer of Property Act which specific...

...Section 49 of the Registration Act, and dismissed the suit.2. The award is a private award. Prior to the amendment of .... 4141; 33 Cal. 8812 and 1924 Cal. 723. A private award therefore falls within the class of documents specified in Section 17(1)(b) of the Registration Act...registrable. S. 49 of the Act would rule it out if it is sought to use it as evidence of a transaction affecting the property, which is the purpose for which it is intended to be used in the present case...

...by this Court in these appeals:“(1) Whether on a combined reading of Order 1 Rule 10, Order 22 Rule 10 of the Code of Civil Procedure, 1908 and Section 52 ...22 Rule 10 of the Code of Civil Procedure, 1908 and Section 52 of the Transfer of Property Act, 1882 which read as under:Order 1 Rule 10...for the time being in force.”8. On a combined reading of Order 1 Rule 10, Order 22 Rule 10 of the Code of Civil Procedure and Section 52 of the ...

...petitioner was in terms of Transfer of Property Act. Any stipulation, therefore, restraining the transfer is void in terms...transfer. Providing any aid under the Social Welfare Scheme does not confer a right on the State to create a clog on the title of the owner of the property. The transfer was effected in favour of ...the Transfer of Property Act. If the petitioner violates any contract with the Government, it is for...

...section 10 of the Transfer of Property Act as amounting to an absolute restraint on alienation. That view has bee...contrary to section 10 of the Transfer of Property Act. The first ruling on which he relied is a Full Bench rulin...section 10 of the Transfer of Property Act. The case was not put forward that the contract in that ruling would a...

.... It negatived the defence that the aforesaid limitation was void under Section 10 of the Transfer of Property Act...Section 10 of the Transfer of Property Act. Resultantly he upheld the validity of the sale-deed. He negat...condition put in the sale-deed executed by plaintiff in favour of defendant No. 1 is hit by Section 10 of the Transfer of Property Act? This question is practically concluded by a Divisio...

...settlement dated 31-3-1961 is violative of Section 10 of the Transfer of Property Act. The Trial Curt al...appellate Court found that the family settlement was not required to be registered and was not hit by Section 10 of the Transfer ...by which the person divests himself with the right of transfer of property is hit by Section 10 of the ...

...following Substantial Questions of Law in the Second Appeal:“(a) Whether the conditions stated in Exs.A.1 and B.1 is sustainable as per Section 10 of Transfer of Property ...favour of the second defendant. The first defendant had died on 18.09.201010. On a perusal of Exs.A.1 and B.1 settlement deed, dated 08.09.1995, it could be seen that the property was...property. The plaintiff is also not a party to Ex.B.7 sale deed. Since he is not a party to the suit, the payment of Court fee under Section 25(d) of the Tamil Nadu Court fees and Suit...