Does Vehicle Disposal Include Transfer or Alienation?

2025 0 Supreme(Kar) 836

However, in this case, the question as to whether permission was required for alienation after the period of non alienation had expired and the alienation made after the Act had come into force was not involved or considered in that case, and the only question involved in that case was whether a land ... In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. ... In the present case, the issue is not whether the lan....

1997 0 Supreme(J&K) 12

The alienation is a transfer of property which according to Sec. 5 of the Transfer of Property Act contains the expression that transfer of property means the act by which a living person conveys property in present or in future to one or another person, whether living or unborn or to himself and one ... or more or such other persons and to transfer property is to perform such an act.� Sale, gift, mortgage with possession or exchange of the property contain an element of alienation of ....

2008 0 Supreme(J&K) 335

Living persons, in terms of the definition, include a Company or Association or body of individuals, whether incorporated or not. ... But there is no law prohibiting disposal of immovable property other than land as defined in the Land Alienation Act by will in favour of a non-State Subject. ... The mere fact that transfer by sale or mortgage of immovable properly in favour of non-State Subjects is prohibited cannot be considered to be a bar to the disposal of immovable property other ....

2025 Supreme(Online)(Raj) 14907

The appellant shall further file an undertaking before the learned trial court that: • He shall not sell, alienate, transfer, or encumber the vehicle during pendency of the appeal; • He shall maintain the vehicle in roadworthy condition and may use or repair ... Section 452 Cr.P.C. mandates that upon conclusion of a criminal trial, the court must pass a clear order regarding disposal of property produced before it, whether by way of destruction, confiscation, or delivery to the rightful claimant. ... it....

The issue debated there was whether a sale pending partition proceedings was void or voidable under section 17 of Ordinance No. 10 of 1863. It is true that the sale in question was a Fiscal's transfer. But the majority of the Court do not at all deal with this aspect of the question. ... The question there reserved for the consideration of the Full Court, and the only question argued before us, was whether an alienation obnoxious to section 17 was absolutely void, or void only quoad the partition proceedings, as de....

Jammu and Kashmir

of Immovable Property by Sale or Mortgage, And whether Transfer of right to enjoy permanent alienation of land and not to transfer of right to enjoy the land by way of lease ... , so the permanent alienation of land as defined in the Land Alienation Act by bequest is property in terms of Section 5 of the Act would include Lease of Such incidents include, where the property is land, p style="position:absolute;white-space:pre;mar....

2008 0 Supreme(J&K) 332

Living persons, in terms of the definition, include a Company or Association or body of individuals, whether incorporated or not. ... But there is no law prohibiting disposal of immovable property other than land as defined in the Land Alienation Act by will in favour of a non-State Subject. ... The mere fact that transfer by sale or mortgage of immovable property in favour of non-State Subjects is prohibited cannot be considered to be a bar to the disposal of immovable property other ....

1959 Supreme(Online)(Mad) 1

The contention of the appellants is that the right to alienate family properties is something different and distinct from the right to partition the same; that however liberally, the right to partition might be interpreted it cannot be held to include a power of alienation, that S.50 of the Act recognises ... The position, is therefore, well established that where there is an alienation by a manager of a Hindu Joint family mesne profits could be claimed only from the date of repudiation of the transfer and the lower Cour....

2025 0 Supreme(Bom) 1735

For deciding interim custody, firstly it is necessary to see whether the respondent no.2 is the owner and secondly, whether the seizure of the vehicle is from the possession of respondent no.2. These are two important conditions which needs consideration. ... Degala Satyanarayanamma & Ors. a question arose whether a financier would be an owner of a motor vehicle within the meaning of Section 2(30) of the M. V. Act, 1988. ... It further appears that the said vehicle was sold by responde....

1971 0 Supreme(AP) 199

Further, his Lordship was not concerned with the question whether the subsequent creditors include creditors who are not at all in existence on the date of the suit. ... In that decision their Lordships were dealing with the question whether the alienation was intended to defraud a creditor existing on the date of the transfer or the creditors from whom the alienor intended to obtain debts. ... It is not necessary for the purpose of this appeal to note that on an earlier occasion this matter had come up....

2020 1 Supreme 754

Any action to foreclose, recover or enforce any security credit by the FSP in respect of a property was also debarred. The transfer alienation or disposal of any asset of the FSP were forbidden. On commencement of the moratorium, the institution of any suit or continuation of any proceedings or execution of any decree against the Financial Service Provider i.e. the Respondent No.1 herein shall be prohibited. However, the supply of essential goods or services to the FSP was permitted to be continued in an un-interrupted manner and not to be terminated or suspended by the sup....

2011 0 Supreme(Mad) 304

f) Whether the appellant is entitled to a permanent injunction against transfer/alienation of suit property by respondents pending disposal of the appeal? h) Whether the appellant is entitled to cots of the suit, first appeal and second appeal? e) Whether the sale of the suit property by the 10th defendant favouring defendants 11 to 14 registered as DocumentNo.342 of 1994 on 24/3/1994 on the file of sub-registrar office at Sowcarpet, Madras in respect of the suit property is subject to pendent lite in terms of section 52 of Transfer of Property Act?

2007 0 Supreme(Pat) 1017

Thus, according to him, unless some other Entry encroaches upon the subject matter covered by Entry 18 in a specific "'manner, the State Legislature must be held competent to legislate over all the matters relating to rights over land and land tenures as well as relation of landlord and tenant. According to him, the Bihar Tenancy Act contains provisions which are apparently within the sweep of Entry 18 noticed above, and the impugned provisions which have come by way of amendment in the Act are covered by Entry 18 in List II of the 7th Schedule to the Constitution of India. Such power can co....