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Advocatetanmoy

Advocate, adviser and educator

Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21

All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State

NARANDAS KARSONDAS Vs. S.A. KAMTAM AND ANOTHER-07/12/1976

In India, the word “transfer” is denned with reference to the word “convey”. The word “transfer” in English law in its narrower and more usual sense refers to the transfer of an estate in land. Section 205 of the Law of Property Act in England defines : “Conveyance” includes a mortgage, charge, lease, assent, vesting declaration, vesting instrument The word “conveys” in Section 5 of the Transfer of Property Act is used in the wider sense of conveying ownership-the right to redeem a mortgage given to a mortgagor u/s 60 of the Transfer of Property Act, is not extinguished by a contract of sale of the mortgaged property entered into by a mortgagee in exercise of the power of sale given to him under the mortgage deed. Until the sale is completed by a registered instrument, the mortgagor can redeem the mortgage on payment of the requisite amount.

Holding over and tenant at sufferance

The act of holding over after the expiration of the term does not create a tenancy of any kind. If a tenant remains in possession after the determination of the lease, the common law rule is that he is a tenant on sufferance. A distinction should be drawn between a tenant continuing in possession after the determination of the term with the consent of the landlord and a tenant doing so without his consent.

SARUP SINGH GUPTA  Vs. S. JAGDISH SINGH AND OTHERS-29/03/2006

In our view, mere acceptance of rent did not by itself constituted an act of the nature envisaged by Section 113, Transfer of Property Act showing an Intention to treat the lease as subsisting. The fact remains that even after accepting the rent tendered, the landlord did file a suit for eviction, and even while prosecuting the suit accepted rent which was being paid to him by the tenant It cannot, therefore, be said that by accepting rent, he intended to waive the notice to quit and to treat the lease as subsisting.

INMACS LTD. Vs. PREMA SINHA AND OTHERS-26/09/2008

We are, therefore, of the opinion that mere acceptance of rent by the landlord, the first respondent herein, from the tenant in possession after the lease has been determined either by efflux of time or by notice to quit would not create a tenancy so as to confer on the erstwhile tenant the status of a tenant or a right to be in possession. We answer this issue accordingly.

Presidential address by Muhammad Ali Jinnah to the Muslim League Lucknow- 1916

No mere conventional words are needed on my part to express my deep thanks for the great privilege you have conferred on me by selecting me as President of the Ninth Annual Session of the All-India Muslim League. The honour is the highest in the gift of the Muslim community, to which those alone may aspire who have given freely of their thought and time to the service of the communal cause. I am fully sensible of how little I have done to deserve such distinction, nor could I have the presumption to desire it with such a clear sense of my own unworthiness.

Stand of V. D. Savarkar and the Hindu Maha Sabha on Partition- Ambedkar-1940

The stand taken by Hindu Mahasabha has been defined by Mr. V. D. Savarkar, the President of the Sabha, in his presidential addresses at the annual sessions of the Sabha. As defined by him, the Hindu Maha Sabha is against Pakistan and proposes to resist it by all means. What these means are we do not know. If they are force, coercion and resistance, they are only negative alternatives and Mr. Savarkar and the Hindu Maha Sabha alone can say how far these means will succeed.