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Showing posts from July, 2020

Memorandum of family settlement' is not required to be registered and is binding on the parties.

Model plaint for Pre emption suit

Imposing stamp duty on rectification deed is illegal

Kalappatti Land acquisition case

section 5 Dismissed

section 5 Dismissed

Section 5 Dismissed

Legal notice sent to defend who aliged to misappropriate companies fund.

Draft Sale deed link

Denial of signature of the drawer of a cheque, the best witness would be the concerned Bank Manager and not a handwriting expert.

sale does not become absolute or irrevocable merely on passing an order confirming sale under Order 21, Rule 92, but it would attain finality on disposal of appeal if filed against an order refusing to set aside sale

Revenue Authorities, Police or private litigants - Respondents are directed to consider the representation submitted by the petitioner

It can not be disputed that even oral agreement to sale of immovable property, can be specifically enforced

Rejection of plaint - Res judicata cannot be the ground - Res judicata involves mixed question of law and fact, requires not only examination of plaint but also other evidence

Property inherited by her from her mother - Devolves upon her sister i.e. upon legal heir of her father - And, not upon brother of pre-deceased husband

Widowed daughter-in-law held to be heir of her mother-in-law.

Word "sons" - Does not include "step-sons" - Step-son of female dying intestate - Not entitled to claim share in her property simultaneously with her son.

Hindu female acquiring absolute ownership in suit property on strength of Will - Died intestate and issueless - Plaintiffs as father's heir not included in class I heir in schedule at time of her death

Female Hindu - Inheriting property from her mother - On her death - Property would devolve on her sister as per sub-sec. (2) of S. 15 - And not on heirs of her predeceased-husband.

Direction to file written statement by trial Court without deciding application under O. 7, R. 11 - Cannot but be procedural irregularity touching exercise of jurisdiction by trial Court.

Acquittal of respondent in criminal proceedings - Continuation of civil proceedings against respondent - Not barred by res judicata - Judgment of criminal Court not binding on civil Court.

Decree for specific performance can't be granted when agreement of sale is not executed by all co-owners

If the execution petition is filed within two years after the date of the decree, there is no necessity for the executing Court to issue notice to the judgment-debtor

The decree-holder is entitled to appropriate the amount deposited by the judgment debtor first towards interest

The decree-holder is entitled to appropriate the amount deposited by the judgment debtor first towards interest.

Decree of permanent Injunction can be executable against legal heirs of deceased defendant

A decree passed in favour of a dead person is not a nullity - can be executed by legal heirs

A decree for permanent injunction is an executable decree

Legal Article on contract and Registration of Documents