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A' entered into an agreement with 'B' to sell immovable property of the former for consideration and 'B' was put in possession of the property. Both parties had signed the agreement. The agreement had not been registered under the Indian Registration Act. In a suit between the parties, 'B' claimed the benefit of Section 53A of the Transfer of Property Act. Whether his claim is maintainable?

Correct Answer: Yes, it is maintainable

To constitute a matter of res judicata which of the following conditions must concur?
1. The matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually (section 11, explanation III) or constructively (section 11, explanation IV) in the former suit
2. The former suit must have been a suit between the same parties under whom they or any of them claim. Explanation VI of Section 11 must be read with this condition
3. The parties as aforesaid must have litigated under the same title in the former suit
4. The court which decided the former suit must have been a court competent to try the subsequent suit of the suit in which such issue has been subsequently raised. Explanation II of section 11 is to be read with condition
5. The matter directly and substantially in issue in the subsequent suit must have been heard and finally decided by the court in the first suit. Explanation V of section 11 is to be read with this condition

A', on 9th January, 2015 agrees to sell his immovable property to 'R' and out of the total sale consideration of Rs. 3,00,000/- receives a sum of Rs. 1,00,000/- from 'B' as advance payment and agrees to vacate the property and handover vacant peaceful physical possession thereof to 'B' and to execute the Sale Deed of the property in favour of 'B' on receipt of balance sale 'consideration' on or before 9th July, 2015. 'A' fails to vacate the property or to execute the Sale Deed or to deliver possession of the property to 'B'. 'B' after waiting patiently till 31st January, 2016, on 1st February, 2016 got issued a legal notice to 'A' to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. 'A' vide his reply received by 'B' on 17th February, 2016 denies the agreement. The limitation of three years available to 'B' for instituting a suit for specific performance is:

Which of the following statements are true/false?
1. The Societies Registration Act, 1860 shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void.
2. Trade Unions may be temporary or permanent.
3. Workmen means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
4. Every registered Trade Union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

The following are some postulates as sine qua non for basing a claim on section 53A of the Transfer of Property Act, 1882
(1) The contract should have been in writing signed by transferor.
(2) Transferee should have got possession of the immovable property covered by contract.
(3) Transferee should have done some act in furtherance of contract.

Choose the correct answer
(1) A trustee may also be a beneficiary and can be the sole beneficiary
(2) A trustee may also be a beneficiary, but cannot be the sole beneficiary
(3) A donor may also constitute himself a trustee, and though remaining in possession, may transfer legal possession by declaring his possession as donee's.
(4) A donor may also constitute himself a trustee, and though remaining in possession, cannot transfer legal possession by declaring his possession as donee's.

A executed a gift deed in favour of B with respect to an immovable property worth Rs. 90/-. The deed was duly attested but was not registered. B, in a suit, claimed title by virtue of the above gift deed. Is his claim maintainable?

Registration of the documents containing contract to transfer for consideration, any immovable property for the purposes of Section 53A of the Transfer of Property Act, 1882, has been made compulsory with effect from . . . . . . .

Mark the incorrect proposition:
1. Set-off is a statutory defence to a plaintiff's action, whereas a counterclaim is a cross-action.
2. Set-off and counter-claim arises out of the same transaction.
3. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
4. Claim for set-off cannot exceed plaintiff's claim, whereas counterclaim can exceed the plaintiffs claim.
5. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.

PRINCIPLE: A contract is an agreement enforceable by law. All agreements are contracts if they are made with free consent by parties competent to contract for a lawful consideration and with a lawful object.
FACT: A, a 40-year-old businessman of sound mind, agrees to sell his bungalow worth 40 lakhs for 1 lakh. The agreement is:
(1) Invalid due to inadequate consideration
(2) Valid as there is lawful consideration
(3) Valid as A entered into it with free consent
(4) Valid because A has capacity to contract.

A joint account mandates both account holders to sign,it means that - (A) Any deposit made must be signed by both parties.(B) Any withdrawal made must be signed by both parties. (C) Any deposit and withdrawal made must be signed by both parties.