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By sclaw
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Transfer of Property Act, 1882 — Section 52 — Doctrine of Lis Pendens — Transfers of property made during the pendency of litigation are subject to the doctrine of lis pendens and are subservient to the final decision of the court — Such transfers are not void ab initio but remain invalid if the litigation goes against the transferor.
Apr 12, 2026
sclaw
Transfer of Property Act, 1882 — Section 105 — Lease vs. License — Determining the nature of a document is based on the substance and intention of the parties, not just its wording — A lease transfers an interest in land, while a license merely permits use without transferring ownership or interest.
Feb 28, 2026
sclaw
Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))
Dec 12, 2025
sclaw
